Calcutta High Court (Appellete Side)
Corporation vs Ward Memorial Church School And Another on 20 January, 2020
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
01
20.01.2020
Ct. No. 06
ssd CO 3904 of 2017 The Deputy Director, Employees' State Insurance Corporation Vs. Ward Memorial Church School and another. Mr. Shiv Chandra Prasad ...for the petitioner.
Mr. Kaushik Kumar Dutta Mr. S. Das ...for the opposite party no.1.
The question that has arisen herein is as to the treatment of a revision directed against an appellate order setting aside a decree rejecting a plaint under Order VII Rule 11 of the Code.
The question which has been framed for the reference is as follows:
"Whether the remedy lies by filing Second Appeal, if the Revisional Court reverses the order of the Trial Court refusing to reject the plaint, as a corollary effect the plaint is rejected in view of the definition of "decree"
given under Section 2(2) of the Code." It is apparent that the reference in the question to revisional court may be erroneous as the rejection of the 2 plaint was carried by way of an appeal by the plaintiff and the appellate court reversed the rejection.
There are several judgments which are of relevance in the context, including the judgments reported at (2005)2 WBLR (Cal) 296; AIR 1970 SC 1; 2006 (2) CLJ 180; 1980 (2) CLJ 161 and 2016 (2) CHN (Cal) 49.
The question is of some importance and there are several views floating in the form of divergent orders. In order that a consistent practice is followed hereinafter, it is necessary to conclusively answer the principal issue raised and some others in the periphery. Let a notice be issued to the President of the Bar Association for the Bar Association being represented in course of the reference, if interested. The Bench also requests Mr. Bhaskar Ghosh, Senior Advocate, to assist the court to answer the reference.
The department should immediately reach copies of this order to the President of the Bar Association and to Mr. Ghosh. The matter will appear at the same time three weeks hence.
Since a previous notice had also been issued to the Office of Learned Advocate-General, let a copy of this order be also forwarded to Learned Advocate- General for the State to be represented, if felt necessary. 3 (Sanjib Banerjee, J.) (Ashis Kumar Chakraborty, J.) (Kausik Chanda, J.)