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TMI Blog1952 (9) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... trol (Temporary Provisions) (Amendment) Act, 1950 (West Bengal Act 62 of 1950) which runs as follows: "Where at any time between the commencement of the said Act (West Bengal Premises Rent Control (Temporary Provisions) Act, 1950-West Bengal Act 17 of 1950) and of 'this Act' (West Bengal Act 62 of 1950) an order or decree for the recovery of possession of any premises has been made or passed by any Court but possession of such premises has not 'been recovered in execution of such order or decree and the Court is of opinion that the order or decree would not have been made or passed if 'this Act1 had been in force when the order or decree was -made or passed, the Court may, on application by the tenant within sixty days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; 39 Ind App 197 (PC) and it is not disputed that there is no specific provision in the Rent Control Act (West Bengal Act 17 of 1950) or in the Amending Act (West Bengal Act 62 of 1950) referred to above, authorising an appeal from a decision under Section 6 of the Amending Act 62 of 1950 or Section 18 of the Original Act (Act 17 of 1950) whether in its amended form to which the Amending Act in its Section 6 specifically refers or as it stood before the amendment. It is also equally well settled that when a legal right is in dispute and the ordinary Courts of the country are seized of such dispute, the Courts are governed by the ordinary rules of procedure applicable thereto and an appeal lies, if authorised by such rules, notwithstanding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... country, the underlying principle whereof would have answered this question in the negative. That opinion was apparently based on the view that an application to re-open, rescind, vary, amend or modify the decree could not appropriately be said to involve the determination of a matter in controversy in the suit, and although the application might have to be made in the suit itself, a question concerning the decree, -- already passed in the suit, could hardly be properly called a matter in controversy in the suit. This view, however, was not accepted by the Judicial Committee in the case, above cited, where their Lordships further held that mere rejection or dismissal of such an application might in the circumstances of a particular case amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her essential elements or requisite of, a decree may well be a decree under the Code. Section 33 of the Code does not necessarily rule out such a composite document and such documents are clearly contemplated by Rules 187 and 188 of our Civil Rules and Orders and the decision of the Judicial Committee above cited, may thus have been given in spite of the said Section 33 and with the fullest notice or cognisance thereof and it is not necessarily inconsistent with the same. It is also to be remembered that a decision of the Judicial Committee is binding upon this Court until the Supreme Court rules otherwise (vide Article 225 of the Constitution and Article 141) and it is not disputed before us that there has been up till now no contrary pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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