DEBIDAS BANERJEE Vs. MANIK LAL MAJHI

JUDGEMENT

(1.) This matter was heard yesterday but on account of illness of Mr. N. I Khan, learned Lawyer for the R.T.A concerned, the matter has been adjourned with the hope that today either he will be before us to assist us or some other learned Lawyers in his place, would do. Unfortunately, Mr. Khan has not recovered from his illness and R.T.A has not made any alternative arrangement rather prayed through learned Lawyer for adjournment for the day on the ground of illness of Mr. Khan. The ground is justified though, but when the appellant is in anxiety for getting hearing of the matter, we have no other alternative but to resume the hearing of this matter. In Re : C.A.N No. 6399 of 2009

(2.) We have taken up the application for leave to prefer appeal against the judgment and order of learned Trial Judge as the appellant was not a party and being a third party has preferred this appeal. No one can dispute the settled law that third party has right to prefer appeal with the leave of the Appeal Court and the Court while entertaining such application shall examine degree and extent of his affectation.

(3.) We have gone through the impugned judgment and order of the learned Trial Judge and we find that learned Trial Judge has declared a particular resolution of the R.T.A Board which provides for replacement of vehicles is contrary to the provision of law and the same was set aside.