PROTIK PRAKASH BANERJEE,J. - (1.) The Court: This matter has come up as 'To Be Mentioned' at the instance ? of ? the ? Court. ? ? None ? appears ? when ? the ? matter ? is ? called ? on. ? This application ? was ? heard ? and ? orders ? passed ? therein, ? including ? effecting ? of amendment ? in ? the ? first ? page ? of ? the ? application, ? by ? a ? Division ? Bench comprising ?His ?Lordship, ?the ?Hon'ble ?Mr. ?Justice ?Dipankar ?Datta ?and ?I ?on January ?24, ?2018.
(2.) It appears that the learned advocates appearing in this matter did not bring ?it ?to ?the ?attention ?of ?the ?court ?that ?the ?defects ?are ?not ?only ?in ?the ?first ?page of ?the ?application, ?but ?matters ?extraneous ?to ?the ?cause ?title ?of ?the ?memorandum of ?appeal ?as ?also ?matters ?which ?are ?not ?supposed ?to ?appear ?in ?the ?cause ?title ?of the ? application ? made ? in ? connection ? with ? an ? appeal ? presented ? in ? the ? Original Side, ?were ?present ?not ?just ?in ?page ?1 ?but ?also ?in ?pages ?2 ?and ?3 ?of ?the ?application. Because ? this ? was ? not ? pointed ? out ? to ? the ? court, ? the ? court ? only ? granted ? liberty ? to amend ?the ?first ?page ?of ?the ?application ?in ?consonance ?with ?the ?rules. ?This ?defect has ? also ? been ? brought ? to ? the ? notice ? of ? the ? court ? by ? the ? department ? whose dedication ?is ?appreciated.
(3.) The Court, therefore, proposes to pass necessary orders for correction ?of ?its ?earlier ?order. ?This ?order ?was ?passed ?by ?us ?on ?January ?10, 2018. However, the order was passed by us sitting in Division and though under ?Chapter ?31, ?Rule ?29(a) ?of ?High ?Court ?Rules, ?1914 ?when ?the ?Division Bench ?is ?not ?sitting, ?the ?Judge ?sitting ?singly ?has ?sufficient ?powers ?in ?terms of ?Chapter ?31, ?Rule ?29, ?clause ?(b) ?to ?pass ?necessary ?orders ?dispensing ?with any ? or ? all ? of ? the ? rules ? contained ? in ? the ? Rules ? of ? High ? Court, ? 1914, ? I consider ? it ? contrary ? to ? judicial ? propriety ? to ? pass ? the ? order ? while ? sitting Singly, ?for ?the ?reasons ?which ?are ?mentioned ?below;