Meaning of "entertained" under a statutory bar includes merits-based dismissal after hearing, barring a later application.

A proceeding is "entertained" when it is admitted for consideration and decided on the merits, not merely when relief is granted. An application rejected only at the threshold is not entertained, but a hearing followed by dismissal on a substantive ground is sufficient entertainment for a statutory bar. Applying that construction, an earlier application under Section 36 of the Bengal Money Lenders Act, 1940, having been heard and dismissed on merits, was treated as entertained, and the later application before the Debt Settlement Board was barred under Section 37A(3) of the Bengal Agricultural Debtors Act, 1936.

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Issues: Whether an application under Section 36 of the Bengal Money Lenders Act, 1940, rejected on merits was an application "entertained" for the purpose of Section 37A(3) of the Bengal Agricultural Debtors Act, 1936, so as to bar a subsequent application before the Debt Settlement Board.

Analysis: The expression "entertain" was held to mean admitting a matter for consideration and disposal according to law. A proceeding is not "entertained" only when it is rejected at the threshold and the Court does not proceed to decide it on the merits. Where the Court hears the matter and decides against the applicant on a question going to relief under the statute, the proceeding has been entertained even if the ultimate result is dismissal. On the facts, the earlier application under Section 36 of the Bengal Money Lenders Act, 1940 had been heard and dismissed on a substantive ground, and therefore it was not thrown out in limine. That earlier entertainment attracted the bar under Section 37A(3) of the Bengal Agricultural Debtors Act, 1936.

Conclusion: The prior application was entertained within the meaning of Section 37A(3), and the subsequent application was barred.

Final Conclusion: The rule failed and the challenge to the dismissal of the revision before the District Judge was not accepted.

Ratio Decidendi: A proceeding is "entertained" when the Court admits it for consideration and decides it on the merits; it is not necessary that relief be granted, and a dismissal after hearing still constitutes entertainment for the purpose of a statutory bar.

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