CHARAN BALA MONDAL Vs. MINATI MONDAL

JUDGEMENT

(1.) This reference has been made by the Hon'ble Mr. Justice D.P. Sarkar-II, by an order dated 23rd July, 1977 on the question as to whether in terms of the appellate side rules of this court, an appeal from original order should be heard by a division bench or a single bench.

(2.) In order to answer the reference it is not necessary to notice the fact of the matter in details.

(3.) The appeal which was placed before the learned Judge valued at 80,025 arose from an order passed by Assistant District Judge, 1st Court, Barasat in Title Suit No. 2 65/95 whereby and whereunder the said learned Judge directed the parties to the suit to maintain status quo in respect of nature, character and possession of the suit property till the disposal of the suit. The said appeal came up for hearing before the learned single Judge and a doubt was expressed as to whether the same should be heard by a single Judge or a division bench. Hence the reference.