MODERN SUPPLY AGENCY Vs. ANWARA BEGUM BORBHUIYA

JUDGEMENT

(1.) The present Letters Patent Appeal has been filled against the judgment and order dated 19.7.95 passed by a learned single Judge of this Court ni M.A , No 86/95 whereby the appeal filed by the appellants was dismissed and the Trial Court was directed to dispose of the case at the earliest considering the urgency of the matter.

(2.) The present appeal came up for admission on 11.12.1995 and after hearing Mr. N.M. Lahiri, Senior Advocate assisted by Mr. N. Choudhury, learned counsel appearing for the appellants and Mr. B. K. Goswami, Senior Advocate, assisted by Mr. S. S. Dey and Mr. M. Nath, learned counsel appearing for the respondents, the court was of the opinion that a preliminary question arose in this case as to whether a Letters Patent Appeal would lie against an order passed in appeal by a learned single judge of this court under Order 43 of the Code of Civil Procedure. The Court was also of the tentative opinion that the judgment rendered by a Division Bench of this Court in Azad Ali vs HOUSEFED (1994(1)GLJ 1) may require reconsideration and for that reason the Division Bench ordered the papers of the case to be laid before the Chief Justice for passing necessary orders. The case was thereafter referred to the Full Bench on 11.12.95 and it is in these circumstances that the appeal has come up before the Full Bench for consideration of the following question :

(3.) We have heard Mr. N. M. Lahiri, Senior Advocate, for the appellants and Mr.B.K. Goswami, Senior Advocate , for the respondents.