PRASENJIT MANDAL, J. - (1.) CHALLENGE is to the order dated July 19, 2013 passed by the learned additional District Judge, Sealdah in Ejectment Appeal No.62 of 2011 thereby rejecting an application dated December 15, 2011 filed by the appellants / petitioners herein.
(2.) THE plaintiffs / respondents / opposite parties herein instituted an ejectment suit being Ejectment Suit No.1 of 2007 against the petitioners for recovery of possession and other consequential reliefs before the learned Civil Judge (Senior Division), Sealdah. In that suit the petitioners entered an appearance and filed an application raising the question of non- maintainability of the said suit. That application was rejected by the learned Trial Judge and then an appeal was preferred against the said order before the Land Tribunal as per provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997. But the said appeal was returned to the concerned District Judge in view of the amendment of the said Act of 1997 subsequently. The appeal was then transferred to the learned Additional District Judge, Sealdah for decision and then the petitioners filed an application for withdrawal of the appeal for the purpose of re -filing a revisional application. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.
(3.) NOW , the question is whether the impugned order should be sustained. Mr. Shaktinath Mukherjee, learned Senior Advocate appearing for the petitioners has contended that while passing the impugned order, the learned Appellate Court has not taken into consideration the amended provisions of 1997 Act and since the question of maintainability of the suit was raised, the impugned order is not an appealable one, but, revisable and as such the appropriate remedy of the petitioners lies by taking a recourse under the provisions of Article 227 of the Constitution of India. Thus, he has contended that the learned Appellate Court should have allowed the appellants to withdraw the appeal with permission to file a revision under Article 227 of the Constitution of India and so, the impugned order cannot be sustained.;