SIDESWAR BISWAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1976-4-32
HIGH COURT OF CALCUTTA
Decided on April 09,1976

Sideswar Biswas Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

NIRANJAN NATH V/S. AFZAL HUSSAIN [REFERRED TO]
TARAK CHANDRA DHOLEY VS. SATYANARAIN SINGH [REFERRED TO]
SABITRIBAI DEBI VS. JUGAL KISHORE DAS [REFERRED TO]
CHANMALSWAMI RUDRASWAMI VS. GANGADHARAPPA BASLINGAPPA [REFERRED TO]


JUDGEMENT

Chittatosh Mookerjee, J. - (1.)The present Petitioners as Plaintiffs instituted a suit against the State of West Bengal and another in the Munsif's Court at Bongaon, dist. 24 -Parganas, inter alia, for a declaration of their title to 49 decimals of land in, plot No. 422, R.S. khatian No. 1550 of mouza Manigram under P.S. Bongaon, dist. 24 -Parganas and for injunction to restrain the Defendants from interfering with their possession therein. The Defendants in the said suit filed separate written statements contesting the Plaintiffs' claim. The trial Court originally framed nine issues in the said suit. Subsequently, two additional issues were framed, one of them being whether or not the suit was barred under the provisions of Sec. 57B of the West Bengal Estates Acquisition Act which was inserted in the Statutes during the pendency of the case.
(2.)The learned Munsif by his order dated October 31, 1973, stayed the suit as he was of the opinion that operation of the amended Sec. 57B came incidentally in the suit. Subsequently, the learned Munsif vacated the stay order and directed that the question whether the suit was not maintainable being hit by Sec. 57B of the West Bengal Estates Acquisition Act be decided at the time of the trial. Thereafter, the suit was adjourned to August 21, 1974, for peremptory hearing. On the said date, the case was opened. The learned Munsif first took up the matter relating to abetment of the suit under Sec. 57B of the West Bengal Estates Acquisition Act. The learned Munsif after giving reasons recorded in his order -sheet held that the suit clearly comes within the mischief of Sec. 57B of the West Bengal Estates Acquisition Act and the suit, therefore, abates. The Petitioners obtained the present Rule against the aforesaid order.
(3.)Mrs. Usha Dutt, learned Advocate for the opposite party No. 1, has raised a preliminary objection to the maintainability of the present revisional application. According to her, the above order of the learned Munsif holding that the suit has abated under Sec. 57B amounted to a decree and therefore, an appeal lay against the order complained of.
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