NITYA GOPAL ROY Vs. NANI GOPAL KARMAKAR

JUDGEMENT

(1.) This rule was issued upon one ground, namely that the judgment of the Court of appeal below is not in accordance with law and as such ought to be set aside. The judgment of the learned District Judge is as follows: Heard the appellant. I do not think it necessary to direct prosecution of the respondent in this case, Appeal dismissed.

(2.) We do not think that this judgment fulfils the requirements of law. This is a case under Section 476, Criminal P.C., and an appeal lies under Section 476-B. Presumably therefore the provisions of Sec. 367, Criminal P.C., will apply. No attempt has however been made to comply with the provisions of that section. Even if the provisions of the Civil Procedure Code were applicable the result would be the same as in that case Order 41, Rule 31 would apply.

(3.) The rule is made absolute. The order complained against is set aside and the case is sent back in order that the appeal may be reheard by the Additional District Judge of Burdwan.