ALOK KUMAR MALLICK Vs. JANARDAN MAHADANI

JUDGEMENT

(1.) HEARD learned counsel for the parties on the question of maintainability of appeal as objection has been raised by the learned counsel for the respondents that the appeal against the order of the learned single judge dated 6th May, 2011 passed in Miscellaneous Appeal No. 220 of 2007 arising out of the proceeding taken in the Indian Succession Act for grant of Letter of Administration no further appeal lies in view of the bar u/s 100A of Civil Procedure Code.

(2.) CONTROVERTING , learned counsel for the appellant submits that Section 100A bars only appeals arising out of any proceeding wherein appeal has been under the Code of Civil Procedure itself and Section 100A does not bar the intra -court appeals preferred in proceedings arising out of Special Statute.

(3.) LEARNED counsel for the appellant relied upon the judgments of the Hon'ble Supreme Court delivered in the case of Subal Paul -vs. -Malina Paul and another, reported in (2003) 10 SCC 361 and in the case of P.S.Sathappan -vs. -Andhra Bank Ltd. and Ors., reported in A.I.R. (2004) SC (4) 5152 and in the case of Kamla Devi -vs. -Kushal Kanwar and Anr., reported in (2006) 13 SCC 295.