JITENDRA NATH BHOSE Vs. RADHARANI BOSU

JUDGEMENT

(1.) THIS appeal has been filed under Clause 15 of the Letters Patent against the judgment of our learned brother Bijayesh Mukherji, J. , delivered on April 11, 1962, in Second Appeal No. 1431 of 1959. By that judgment, our learned brother dismissed the appellant's appeal but gave him leave to appeal under Clause 15 of the Letters Patent, in pursuance whereof, the present appeal was filed on June 26, 1962.

(2.) THE stage, at which this appeal has come up before us, precludes consideration of any question of fact and only questions of law are open for discussion in this appeal.

(3.) ON the point of law also, the crucial question is whether the appeal, in the instant case, from the decree of the trial Court, before the Special Bench of the Court of Small Causes, Calcutta, consisting of the learned Chief Judge and another learned Judge there, was competent and, on the basis of the said challenge of the competency of the said appeal, the appellant presses for discharge of the decree of dismissal, passed by the said appellate Bench, as also the discharge of the decree of dismissal of his second appeal in this Court, passed by our learned brother Bijayesh Mukherji, J. in terms of his aforesaid judgment.