CORPORATION OF CALCUTTA Vs. SOUMEN ROY

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 183 (3) of the Calcutta Municipal Act, 1951 against the decision of Shri A. K. Dasgupta Judge Small Causes Court, Sealdah passed in municipal Appeal No. 379 of 1975 on 30th [november, 1977.

(2.) A question has arisen whether the provision of Order 41 Rule 11 of the code of Civil Procedure is applicable in respect of such Municipal Appeal. Order 41 Rule 11 of the Code of Civil Procedure provides:-

(3.) RULE 12 of Order 41 provides that unless the Appellate Court dismisses the appeal under Rule 11 it shall fix a day for hearing of the appeal and Rule 13 of the said order provides that where the appeal has not been dismissed under Rule 11 the Appellate Court shall send notice or appeal to the Court for which the decree in appeal is preferred.