SURENDRA NARAYAN SUKUL Vs. HIRENDRA CHANDRA CHAKRAVORTY

JUDGEMENT

(1.) The instant reference has been placed before the Full Bench by the then Hon'ble the Chief Justice pursuant to an observation made by a Division Bench of this Court on 05.06.2002 while deciding the present Second Appeal in terms of the order of the Apex Court rendered on 10.10.96 in Civil Appeal No. 403/76 which runs as under :-

(2.) However, after passing of the order dated 10.10.96 and before referring the matter to the Full Bench aforesaid, in a petition for Special Leave to Appeal (Civil No. 12750 of 1998), challenging the order dated 02.04.98 passed by a Division Bench of this Court in the related second appeal, the Supreme Court on 19.07.2000 passed the following order:-

(3.) Thereafter, being dissatisfied with the above order dated 19.07.2000, when an application being LA. No. 6 in Civil No. 12750/08 was preferred before the Supreme Court for re-calling the order dated 19.07.2000, the Apex Court, being disinclined to pass any such order, on 18.09.2000 ordered as follows:- "In the circumstances of this case we do not find any need to recall the onier dated 19.07.2000. This LA. No. 6 is accordingly dismissed."