Articles 109 and 110 read with Code of Civil Procedure, 1908 Order 39 rule-1

The impugned order shows that it has made specific findings that the amendments were adopted without quorum of 2/3rd majority, that the signatures of the members of the Bar as shown in the Resolution Book are false and forged, etc. The appellate Court below gave it’s above findings on disputed and controversial issues involved in the suit pending hearing on the affidavits filed by some members of the Samity and without taking evidence which is thus not sustainable in law. Those findings also tantamount to disposal of the suit on merit in interlocutory matter. In the instant case the appellate Court below has passed the impugned order on merit of the case which does not come within the principle of a “judicial discretion”.

Md. Nurul Islam (1), Advocate & Ors Vs. Khatibuddin, Advocate & Ors 12 BLT (HCD) 185