Calcutta High Court (Appellete Side)
Smt. Gita Dey And Another vs Sri Swapan Kumar Manna And Others on 23 August, 2018
1 S/L. 54.
August 23, 2018.
MNS.
C. O. No. 2770 of 2018 Smt. Gita Dey and another Vs. Sri Swapan Kumar Manna and others Mr. Hiranmay Bhattacharyya, Mr. Netai Chandra Saha ...for the petitioners.
There is prima facie substance in the contention of the petitioners that the court below acted without jurisdiction in relegating an application for appointment of handwriting expert to the hearing of the main miscellaneous case under Order XXI Rules 97-101 of the Code of Civil Procedure.
Accordingly, the petitioners are directed to serve copies of the revisional application on the opposite parties and/or learned advocate appearing for the opposite parties in the court below, intimating them that the matter will appear as a 'listed motion' on September 4, 2018.
The petitioners will file an affidavit-of-service on the next date of hearing. There will be an order of stay of all further proceedings in Miscellaneous Case No. 96 of 2016 pending before the Chief Judge, Small Causes Court at Calcutta, as well as Ejectment Execution Case No. 1274 of 2014 pending in the same court till September 30, 2018 or until further orders, whichever is earlier.
(Sabyasachi Bhattacharyya, J.) 2