- (1.) Although, this appeal has been classified as first appeal, in all fitness of things, the appeal should be classified as an appeal from original order. This is an appeal against an order rejecting the application filed by a third partyobjector under Order XXI, rules 97 to 101 of the Code of Civil Procedure. Under rule 103 of Order XXI of the Code, the orders passed on such adjudication are to be treated as decrees, but in view of the judgment of a division bench of this court pronounced in the case of Surajmal Jain vs. Prabir Kumar Sett,1980 2 CalLJ 161, the appeal against such order is to be classified as an appeal from original order.
(2.) A division bench of this court, by order dated December 14, 2004, inter alia, held that this appeal is to be classified as regular first appeal. It seems that attention of the division bench was not drawn to the aforesaid decision of Surajmal Jain . We, therefore, direct the office to register the appeal as an appeal from original order.
(3.) This is an appeal against the judgment and order dated October 8, 2004 passed by the learned Civil Judge (Senior Division), Third Court at Alipore, South 24-Paraganas, in Misc. Case No. 18 of 2003.;