(1) THIS appeal by certificate is against the judgment and order dated 11/08/1965 of the High court of Calcutta.

(2) THIS appeal turns on the validity of a notice under S. 57 of the West Bengal Estates Acquisition Act, 1954, referred to as the Act. There is at the top of the notice in writing "Case No. 124 under S. 151, Civil Procedure Code".

(3) IT is obvious that reference to S. 151, Civil Procedure Code cannot be a source of power as far as notice under S. 57 of the Act is concerned. S. 151 of the Code of Civil Procedure does not confer any additional jurisdiction on the court. In so far as the courts of Record and Civil courts are concerned, they have their inherent power which is recognized by S. 151.

(4) THE parties accept that this notice be treated as notice under S. 57 of the West Bengal Estates Acquisition Act, 1954 and it will be valid for the purposes mentioned under the said S. 57 of the Act.

(5) IT is made clear that whatever power the authorities have under the Act, they will be at liberty to call in aid only those powers for the purposes mentioned in the Act.

(6) THE High court order is set aside and is modified to the exte