LAWS(GAU)-2005-6-45

ORIENTAL INSURANCH CO LTD Vs. MUSTT ABEDA BEGUM

Decided On June 15, 2005
ORIENTAL INSURANCE CO.LTD Appellant
V/S
MUSTT.ABEDA BEGUM Respondents

JUDGEMENT

(1.) Following question has been referred to by a learned Single Judge for our decision :

(2.) We have heard at length Mr. S. K. Goswami, learned Counsel for the petitioner and Mr. B. K. Jain, learned Counsel for the Caveator. The learned Counsel could not satisfy us that the Division Bench Judgment in National Insurance Co. Ltd. (Supra) which is binding on us, requires re-consideration by a larger Bench. Be that as it may, still we proceed to consider the question referred to by the learned Single Judge.

(3.) The word 'Court' has not been defined under the Code of Civil Procedure (hereafter referred to as "the CPC"). Section 3 of the Code merely states about the Subordination of'Courts.