Calcutta High Court (Appellete Side)
M/S. Anand Brothers vs Dinesh Kumar Agarwalla on 15 April, 2016
1 15.04.2016 AJ.
C.O. 3612 of 2015 M/s. Anand Brothers
-Vs-
Dinesh Kumar Agarwalla Mr. Saptangshu Basu, Ld. Sr. Adv., Mr. Sibasis Ghosh, Ms. Abha Singh.
.......for the Petitioner.
Mr. Sabyasachi Bhattacharya, Ld. Sr. Adv., Ms. Shohini Chakraborty.
........for the O.P. Heard learned Counsel appearing on behalf of the parties. After hearing some arguments, it is submitted at the Bar that the technicalities cropped up in the Ejectment Suit No.34 of 2004 has to be sorted out and the pragmatic view has to be taken excluding the hyper-technicalities.
It is also submitted by Mr. Basu, learned senior Advocate appearing on behalf of the petitioner that he will file an application under Order 22 Rule 10 of the Code of Civil Procedure before the learned Court below and the learned Court below may be directed to dispose of the same in its proper perspective.
In such circumstances, I am of the view that this revisional application can be disposed of by directing the learned Court below to dispose of the application under Order 20 Rule 10 of the Code of Civil Procedure, if filed, within 15 days from the date of receipt of a copy of this order and in that case, the learned Court below shall consider it without being influenced by any observations made by 2 this Court. The learned Court below shall feel free to dispose of the case in accordance with law.
The impugned order is, thus, modified to this extent not on merit but on technical grounds.
With this direction, this revisional application stands disposed of.
Urgent photostat certified copy of this Order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
( Siddhartha Chattopadhyay, J. )