Arun Kumar Janah, J. - (1.) This matter has come up before us on a report made by the Stamp Reporter dated 20.6.77 pointing out certain defects in filing the memorandum of appeals. Mr. Ramendra Nath Datta, learned Advocate for the appellant has submitted before us that the report of the Stamp Reporter is not correct and he is entitled to get the time for obtaining copy of the decree inasmuch as a decree has been drawn up in terms of the order passed by the learned Special Judge appointed under sub-s. (6) of S. 5A of the West Bengal Estates Acquisition Act, 1953. His contention is that under sub-s.(2) of S. 20 of the Act an appeal lies to the High Court from every passed on appeal by a Special Judge. In support of this contention Mr. Data has relied has upon a decision of a learned Judge of this Court sitting singly in Surendranath Sinha v. State of West Bengal, reported in AIR 1965 Cal. 539. In that case there is an observation in the judgment to the following effect : "These are findings of fact which are conclusive and it has been rightly contended on behalf of the respondents that this finding cannot be reopened under Article 226, particularly when the finding of the Special Judge could be challenged by taking a statutory appeal to this Court under sub-section (2) of section 20 of the Act".
(2.) It is worthwhile to note that the case in which the aforesaid observations were made arose out of a proceeding under S. 5A. On this ground Mr. Datta has contended that he has a right of appeal in the instant case which also arises out of a proceeding under S. 5A of the Act.
(3.) We are unable to accept this contention of Mr. Datta, and with due respect, we are also unable to accept the aforesaid observation of the learned Judge as correct. Section 20 of the Act on which reliance has been placed by Mr. Datta in support of his contention is as follows : "20(1). An appeal, if presented within 90 days from the date of the order appealed against, shall lie from every order passed by a Compensation Officer under section 15 or section 15A or under proviso (b) of sub-section (2) of section 25 to a Special Judge appointed for the purpose of this section. (2) An appeal shall lie to the High Court from every order passed on appeal by a Special Judge under sub-section (1) on any of the grounds specified in section 100 of the Code of Civil Procedure, 1908." Sub-section (2) therefore confers a right of appeal to this Court on any of the grounds mentioned in S. 100 of the Code of Civil Procedure, only when the order of the Special Judge has been passed in appeal against an order passed under Ss. 15, 15A or under proviso (b) to sub-s. (2) of S. 25 of the Act. In our view the provisions of sub-s. (2), by the express language used, are confined only to appellate orders passed by the Special Judge if the order has been passed on appeal against orders passed under the three sections mentioned in sub-s. (1). It cannot be read, as Mr. Datta has tried to persuade us to read, as conferring a general right of a further appeal to this Court against all orders passed by a Special Judge.;