Mukul Gopal Mukherji, J.: This appeal has been sent back by the Hon'ble Supreme Court by its order dated 28.11.94 on the question of hearing of the objections of the respondents about the maintainability of the present appeal before the Division Bench against the impugned order of the Learned Single Judge rejecting the application for recalling the earlier order appointing the commission for taking down deposition of plaintiff's witness Mrs. Reba Bhowmick. The Hon'ble Supreme Court observed inter alia that since the question of maintainability of the appeal was yet to be ascertained by this Hon'ble Court, the Hon'ble Supreme Court, was of the view that this Court should consider the said question of maintainability and pending the hearing on the question of maintainability, the operation of the impugned order was stayed. The recording of the statement on deposition of Smt. Reba Bhowmick for commission was also stayed and liberty was given to mention the matter for hearing after the question of maintainability of the appeal was decided upon by this Hon'ble court.

2. It may be recalled that an application was made for examination of Mrs. Reba Bhowmick on commission on the grou