BHATTACHARYA, J. :- This appeal by special leave is at the instance of the Corporation of Calcutta. The respondent, Sudhamoy Bose. was acquitted by the Municipal Magistrate on the ground that no permission to prosecute the accused opposite party had been obtained from this Court which had appointed him Receiver (in suit No. 1224/50 of this Court in its Original Side : Jagmohon Kotari v. Dawdoyal Kotari).

2. Briefly, the facts are as follows : The opposite party is a Receiver in respect inter alia of premises No. 201 A. Harrison Road. He was prosecuted for exercising the calling of a Private Market Owner at 201A Harrison Road without a licence under Sec. 222 read with Schedule VII of the Calcutta Municipal Act. (West Bengal Act XXXIII of 1951) for the second half-year, 1956-57, on payment of Rs. 60/-, It was alleged that the Corporation-staff had to remove on average more than 5 -cubic feet of refuse matter daily. The case of the opposite party was that the premises did not constitute a Private Market the fact being that certain shop rooms on the ground floor had been let out to tenants for the exclusive business of sale of cloth. It was stated that the cloth business was be