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Calcutta High Court (Appellete Side)

7 Ritman Concrete Private Limited vs Sri Prasanta Kumar Mukhopadhyay & Ors on 20 April, 2022

Author: Subhasis Dasgupta

Bench: Subhasis Dasgupta

30. 20.04.

 AG   2022
M/R
KB                                     C.O. 858 of 2022
 Ct
07                       Ritman Concrete Private Limited
                                      Vs.

Sri Prasanta Kumar Mukhopadhyay & Ors. Mr. Abhishek Sikdar, Ms. Pallavi Ray.

... For the petitioner.

The subject matter of challenge in this revisional application is against the rejection of prayer under Section 151 of the Code of Civil Procedure, praying for direction requiring Additional Registrar of Assurance-I, Kolkata, to produce the original agreement, said to have been executed between the parties.

Admittedly it is a suit for specific performance of contract.

Upon rejection of the prayer under Section 151 of the Code of Civil Procedure, referred hereinabove, the suit has been posted for ex parte hearing.

The point now raises may be best addressed upon securing the presence of the opposite parties.

Petitioner is directed to serve the copy of application upon the opposite parties, and their learned advocate appearing in the Court below by speed post with A/D, and furnish affidavit-of-service on the next returnable date.

Matter to appear in the list under heading 2 "Adjourned Motion" one week after the summer vacation of this court.

Pendency of this revisional application may be brought to the notice of the learned court below.

(Subhasis Dasgupta, J)