MANJULA CHELLUR, JOYMALYA BAGCHI
District Civil Bar Association – Appellant
Versus
State of West Bengal – Respondent
Manjula Chellur, J.
This appeal is directed against the judgment of learned Single Judge dated 17.12.2015 whereby the learned Single Judge has dismissed the writ petition. The writ petition was filed assailing the resolution of Administrative Committee of the High Court dated 11.5.2011 as well as the consequential Government notification dated 22.9.2011 which, inter alia, empowered the Courts of Additional District and Sessions Judge i.e. the Sub-Divisional Head Quarters to have requisite power of entertaining the filing of all the appeals, applications except those are coming under Section 438 of Code of Civil Procedure, 1973 or those applications which are required to be filed before District Judge under any other statute.
2. Although the notification published in the official gazette was also with regard to matrimonial suits but there was no challenge to the said issue, therefore, learned Single Judge was justified in opining that there is no need to decide the same. The legal issue raised before the learned Single Judge was with regard to the resolution of the Administrative Committee of the High Court and consequential notification contending that there is violation of
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