(1.) The judgment of the Court was as follows : : The Background : This appeal arises out of a judgment and decree dated 16th of September, 2003 passed by the learned Single Judge in C. S. No. 406 of 2001, upon an application under Chapter XIII of the . Original Side Rules of the High Court at Calcutta relating to originating summons.
(2.) The plaintiffs/respondents sought for the determination of the following questions and reliefs:
(3.) By or under the judgment and decree dated 16th of September, 2003 question Nos. a, b and c above were answered in the affirmative. The appellants sought for leave to prefer the present appeal which having been granted and upon notice being served upon the plaintiffs/respondents, on the question of interim order, the matter was heard by this Court. In course of hearing on the question of interim order it appeared that a decision would virtually affect the rights of the parties and that the learned Counsel for both the parties had addressed the Court on the merit. We, therefore, proposed to hear out the appeal. By consent of parties, all formalities were dispensed with. The matter was directed to appear in the list when the parties had addressed the Court on merit. The appeal was treated as on day's list for hearing. Issues: