MATHURA NATH ROY CHOUDHURI Vs. BASANTA KUMAR CHAKRAVARTI

JUDGEMENT

(1.) A preliminary objection has been taken to the hearing of this appeal on the ground that Section 588, Civil P. C., does not apply to proceedings under Section 106 of the Bengal Tenancy Act. Section 109A, Sub-section 3, confines the power of the High Court to the hearing of second appeals and not appeals from orders, either under Section 558 or Section 560. In Mothur Chandra Majumdar V/s. Tara Sankar Ghose 7 C.W.N. 440 this Court declined to allow an appeal from an order under Section 562, Civil P. C., made by a special Judge exercising the powers given to him by Section 109A. The same principle also applies to this case. We, accordingly, dismiss this appeal with costs.