SK. ABU TAHER Vs. MOSSAMMAT MARGINA BIBI

JUDGEMENT

(1.) This matter has been referred to this Bench to answer the question as to whether an appeal under Sec. 47 of the Guardians and Wards Act, 1890 is required to be posted for hearing under Order 41 Rule 11 of the Code of Civil Procedure.

(2.) The said reference has been occasioned by an Order dated June 22, 2001, passed in this appeal, wherein it has been observed that the appeal was not required to be heard under Order 41 Rule 11 of the Code of Civil Procedure, since the appeal to the High Court lies under the Act itself.

(3.) This appeal appears to have been listed before another Bench presided over by Dilip Kumar Seth J., on Sept. 12, 2002. While considering the matter the Division Bench took note of a decision of this Court in the case of Lalit Chandra Dhar Vs. Abdul Rauf and Ors., A.I.R. 1988 Cal. 15 where a similar question had arisen in connection with an appeal under the Provincial Insolvency Act and it had been held that the matter was required to be heard under Order 41 Rule 11 of the Code of Civil Procedure.