Calcutta High Court (Appellete Side)
Jasbir Kaur & Anr vs Soumendu Das & Anr on 6 April, 2017
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 06.04.2017
C.O.4728 of 2016 ss Jasbir Kaur & anr.
Vs. Soumendu Das & anr.
Mr. Arijit Bardhan Mr. Debanik Banerjee Mr. Salman Hasan Mr. Anirban Roychowdhury ... For the petitioners Mr. Kamakshya Prasad Mukhopadhyay Ms. Aditi Kumar ... For the opposite parties Under the scheme of Article 227 of the Constitution of India, the petitioners have challenged the order no.40 dated September 08, 2016 passed by the learned 2md Court of Civil Judge, Junior Division at Alipore, District 24-Parganas (South), in Misc. Case no.50 of 2015 arising out of Ejectment Execution Case no.16 of 2012 (Smt. Jasbir Kaur and anr. Vs. Soumendu Das and anr.), by which amendment of the address of the judgement debtor/opposite party in the cause-title of the Misc. Case no.50 of 2015 was sought for and the same was rejected and date was fixed for passing necessary order on the maintainability of the Misc. Case. It would appear on the subsequent order passed on 28.9.2016 vide order no.42 that the Misc. case has been dismissed as rejected in ex parte as not maintainable and since the order has been 2 passed under the provision of Order 21 Rule 97, 91 and 101 of the Code of Civil Procedure, the order is appealable under Order 43 of the Code of Civil Procedure.
It is submitted by the learned Counsel for the petitioners that an appeal is pending being aggrieved by the said order no.42 dated 28.9.2016.
Heard learned Counsel for the parties. This Court does not find any reason to discuss anything more with regard to the order impugned as the order impugned can also be addressed before the appellate court.
This revisional application being C.O.4728 of 2016 is disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on usual undertakings.
(Shivakant Prasad, J.)