SRIMATI ASHALATA DEBI AND OTHERS vs SRI JADU NATH ROY AND OTHERS.

The Supreme Court held that an appeal from the Court of the Subordinate Judge to the Calcutta High Court was competent under para. 4(2) of the Indian Independence (Legal Proceedings) Order, 1947, despite being filed after 15th August 1947. The Court clarified that the jurisdiction of the appellate court is preserved as if the proceedings had been instituted post-independence. The application by the decree-holder for execution of the new decree under Section 36 of the Bengal Money Lenders Act, 1940, was deemed appealable, rejecting the High Court's reasoning that it was merely a special remedy under a special law.