1976 TAX. L. R. 1659 ::(1975) 2 Cal LJ 263

Calcutta High Court

Hon'ble Judge(s): Chittatosh Mookerjee, Sachindra Kumar Bhattacharyya , JJ

(A) Calcutta Municipal Act (3 of 1923) , Section141(asextendedtoHowrahMunicipality)— Appeal under - Dismissal for default - Application under Order 41, Rule 19 and Order 9 Rule 9 read with Section 151 Civil P. C. for setting aside ex parte order dismissing appeal - Maintainable - (Civil P. C. (1908), Order 41 Rule 19, Order 9 Rule 9 and Section 151). The Subordinate Judge exercising his power under S. 141 of the Calcutta Municipal Act, 1923 (as extended to the Howrah Municipality) is a Court exercising special jurisdiction conferred by the said provisions. Section 141 of the Calcutta Municipal Act, 1923 (as extended to Howrah Municipality) does not either expressly or by necessary implication exclude the application of the provisions of the Code of Civil Procedure. The Proceeding in an appeal under Section 141 being before a Civil Court exercising a special jurisdiction, the procedure provided in the Code of Civil Procedure in regard to the suits should be followed as far as it can be made applicable. In other words, the provisions of Sections 141 of the Code of Civil Procedure would be attracted. AIR 1966 SC 1888 Relied on. Case law discussed.(Para 17 19) As dismissal of an appeal for default presumably was made either under Order 17, Rule 2 or Order 9 Rule 8 C. P. C., the court under both Order 9 Rule 9 a....