M. H. S. ANSARI, J.

( 1 ) -I had the benefit of reading the judgment of my learned Brother Sinha, J. In agreeing with the conclusions to the effect that the appeal in the instant case is maintainable under Clause 15 of the Letters Patent, I wish to state my own reasons therefor, as under:

( 2 ) THE matter has been referred to the Special Bench for considering the correctness of the Division Bench Judgment of this Court in M/s. Merchants of Traders (P) Ltd. v. M/s. Sarmon Pvt. Ltd. , reported in (1997)2 CAL LT 38 (HC ). By the said judgment, the Division Bench held that the appeal preferred against an order of a learned single Judge of this High Court is not maintainable under Clause 15 of the Letters Patent. The learned single Judge by his order under appeal before the said Division Bench had granted conditional leave to defend the suit in terms of Order 37 Rule 5 of the Code of Civil Procedure. In coming to the said conclusion, the Division Bench had followed the ratio of the earlier Division Bench Judgments in Hiralal Deb Gupta v. Salil Kumar Paul, reported in AIR 1973 Cal 320 and Bonwarilal Roy v. Sohanlal Daga, reported in ILR (1955)1 299. The ratio of those two earlier decisi

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