DALHOUSIE TRADERS LTD Vs. MAHAMMAD SADIQUE

JUDGEMENT

(1.) This is an appeal by the judgment-debtor against an order made on the 12th November 1952 by a Special Bench of the Court of Small Causes, Calcutta, dismissing an appeal filed before that Bench by the present appellant on the ground that no appeal lay to that Bench.

(2.) Mr. Mukherjee who has appeared on behalf of the respondent has not raised any preliminary objection on the ground that no second appeal lies to this Court. It is therefore not necessary for us to express any opinion on this question. We are only concerned with the question whether an appeal lay to the Special Bench as prescribed by Section 32 (6)(ii) of West Bengal Premises Rent Control (Temporary Provisions) Act 1950 (Act XVII of 1950).

(3.) The suit out of which the appeal arises was filed on the 9th April 1951 after the Rent Control Act of 1950 came into operation. The suit was decreed ex parte and thereupon the respondent decree-holder started proceedings in execution. As was to be expected, the appellant judgment-debtor filed objections under Section 47 of the Code of Civil Procedure. These objections were overruled by the learned Judge, Fourth Bench, of the Court of Small Causes, Calcutta. Against that order an appeal was preferred before-the Appeal Bench as determined under Section 32 (6) (ii) of the Rent Control Act of 1950, the value of the suit being less than Rs. 5000/-. The only question which falls to be determined in this appeal is whether that appeal was competent. The Special Bench which held that no appeal lay, did not give any reasons in support of their conclusion. They merely stated that no appeal lay to that Bench.