NURNAHAR BEWA Vs. RABINDRA NATH DEV

JUDGEMENT

(1.) This Revisional Application has been referred to a Larger Bench by a Division Bench presided over by Mr. Justice Anil Kumar Sen (as his Lordship then Was) for consideration by the Larger Bench the two points raised by their Lordships in the Division Bench:

(2.) The revisional application was made under Section 115 of the Code of Civil Procedure by the petitioner Mst. Nurnahar Bewa and another against Rabindra Nath Deb and others, inter alia, challenging Order No. 40, dated 9th July, 1982 passed by learned Subordinate Judge, 2nd Court, Alipore in Miscellaneous Case No 55 of 1982.

(3.) The short fact relevant for appreciating the points involved in this Special Bench Reference case may be stated as follows : -