( 1 ) THIS Rule was obtained by the plaintiff against an order of Mr. J. C. Chakravartty, learned Munsif, staying the plaintiff's suit under Section 9 (2) read with Section 18 of the West Bengal Bargadars Act, 1950. The learned Munsif found negativing the defendant's contention that he was a Bhagchasi. It is not disputed that no Bhag Conciliation Board has been established in the area where these properties are situated. Section 9 (2) of the Act only applies to cases of disputes referred to in Section 7 (1) which requires to be decided by la Board referred to in that sub-section. The dispute 'which is now in question does not relate to any of the matters referred to in Section 7 (1) and as there is no Board established, the dispute, even if it came within Section 7 (1) cannot be said to be one which requires to be decided by a Board. In these circumstances, the order made by the learned Munsif staying the suit is wholly unauthorised.

( 2 ) IT was contended by Mr. Dey appearing for the opposite party that otherwise there will be a discrimination which will offend Article 14 of the Constitution. The discrimination, if any, will be between bargadars in an area where th