This is a reference at the instance of the Registrar of this Court† as to whether the proposed appeal should validly be entertained on the Appellate Side of

† Note for Orders of Court — Re: S.R. Mo. 17133 of 1958 — C.M.A. : —

The above S. R. is sought to be filed under section 11 of the Indian Trade Unions Act, XVI of 1926, as a Civil Miscellaneous Appeal. The question for consideration is whether the said Appeal styled as a C.M.A. can be entertained in the Appellate Side in view of the provisions in sub-clause (3) of section 11 of the Act which appear to indicate that an appeal preferred to the High Court under that section should come before a Judge sitting singly on the Original Side as if it were a suit under the provisions of the Civil Procedure Code, as explained in the Calcutta decision cited below.

Section 11 (3) of the Act provides: —

“For the purpose of an appeal under sub-section (1) an Appellate Court shall follow the same procedure and have the same powers as it follows and has when trying a suit under the Civil Procedure Code........”

The original proceedings were started in this case by a petition, dated 23rd December, 1957 for the registration of the Tamilnad Non-