JUDGMENT :

I.P. Mukerji, J.

1. This appeal is from a judgment and decree made on 16th July, 2018 by the learned Civil Judge (Senior Division), 3rd Court at Paschim Medinipur in Title Suit No. 67 of 2013. The appeal is from a preliminary decree for partition of the suit property after declaration of shares of the parties.

2. Learned counsel for the respondents says that we have no determination over this appeal and that another bench has determination.

3. The determination of this bench is, inter alia, as follows:-

“FROM 20TH JUNE, 2022 (MONDAY) - ALL MATTERS RELATED TO PONZI SCHEME; ADMISSION OF APPEALS UNDER ORDER XLI RULE 11 OF THE CODE OF CIVIL PROCEDURE 1908 INCLUDING APPLICATIONS CONNECTED THERETO (2017 ONWARDS).”

4. The determination of another division bench is, inter alia as follows:-

“FROM 20TH JUNE, 2022 (MONDAY) - FIRST APPEAL AND FIRST MISCELLANEOUS APPEAL AND APPLICATIONS CONNECTED THERETO (2016 ONWARDS).”

5. Before I enter into the substance of his argument, I would like to set out Rule 17 of Chapter V relating to the general rules of procedure of the appellate side rules of our court:-

“17. The officer to whom the memorandum is presented under Rule 14 of this Chapter shall endorse on every such Memorandum the date of the presentation and shall send the same to the Stamp Reporter. The Stamp Reporter, if the memorandum is not barred by limitation and is sufficiently stamped and complies with the provisions of these Rules, shall record a Report to that effect and shall, after the Officer-in-Charge of the Judicial Department has scrutinised the Memorandum and has satisfied himself that the stamps have been properly punched and defaced under the Rules and that there are no obvious defect -

(a) in the case of an Appeal from an Original Decree, an Appeal under the Workmen's Compensation Act, an Appeal from an Order under Article 226 of the Constitution [an Appeal under the Indian Railways Act, 1890 (Act 4 of 1890), an Appeal under the Motor Vehicles Act, 1988], an appeal preferred under section 37(I)(b) of the Arbitration and Conciliation Act, 1996 thereby setting aside an arbitral award under section 34 of the said Act, a First appeal against a "deemed decree" provided in any statute, if the said "deemed decree" is not passed in execution proceedings, admit it and cause it to be registered and Notice to issue to the Respondent,

(b) in the case of an Appeal from an Appellate Decree or an Appeal from an Order, other than an Appeal under the Workmen's Compensation Act, an appeal from an order under Article 226 of the Constitution, [an appeal under the Indian Railways Act, 1890 (Act 4 of 1890), an Appeal under the Motor Vehicles Act, 1988] and first appeal against deemed decrees passed in execution proceedings, second appeal against deemed decree, all appeals under section 39 of the Arbitration Act, 1940, all other appeals under section 37 of the Arbitration and Conciliation Act except the appeals preferred under section 37(1)(b) thereby setting aside an arbitral award under section 34 of the said Act admit it, cause it to be registered, and posted to a Bench for hearing under Order XLI, Rule 11, Civil Procedure Code, and

(c) in the case of a memorandum of Objection under Order XLI, Rule 22 or 26, Civil Procedure Code, admit it and cause it to be registered.”

6. Learned counsel argues that the appeal is from an original decree. Under rule 17(a) the stamp reporter shall “admit it and cause it to be registered and notice to issue to the respondent”. Unlike the appeals in Category (b), it is not required to be sent to this bench “for hearing under Order 41 Rule 11 of the Civil Procedure Code”.

7. A confusion has been created by chapter 5 rule 17 of the appellate side rules. It has created two categories of appeals – (a) and (b). Under category (a) the appeal is received by the department “admitted by it and registered”. In the second category (b) it is admitted by the department and posted to a bench “for hearing under Order 41 Rule 11 of