Sanjib Banerjee, Saby Asachi Bhattacharyya, J. - (1.) The order appealed against is one passed on an application under Chapter XIIIA of the Rules on the Original Side of this Court. By such order, the defendant has been given unconditional leave to defend the suit.
(2.) The claim in the suit is in respect of an immovable property at Park Street. According to the appellant, the appeal may be regarded as one under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 since the specified value of the immovable property in question would exceed a sum of Rs. 1 crore. As to the maintainability of the appeal, the appellant claims that the order impugned has to be regarded as a "decision" within the meaning of Section 13 of the Act of 2015; or, at any rate, if such Act of 2015 does not apply to this appeal, as a judgment within the meaning of Clause 15 of the Letters Patent, 1865.
(3.) The Act of 2015 does not and cannot apply to this case as the order impugned was passed on a date prior to the Commercial Division being notified in this Court under the said statute. Section 13 of the Act of 2015 provides for appeals in the following words. "Any person aggrieved by the decision of the Commercial Court or Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of 60 days from the date of judgment or order, as the case may be :...";