Calcutta High Court (Appellete Side)
Panchu Gopal Chakraborty vs Nepal Chandra Dutta on 12 March, 2014
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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12.03.14 S.A.T. 578 of 2013
Panchu Gopal Chakraborty
-Versus-
Nepal Chandra Dutta
Mr. Krishna Das Poddar ...For the Appellant
This second appeal would relate to judgment of
affirmation of a decree of eviction that the Trial Court
passed.
Mr. Krishna Das Poddar, learned Counsel
appearing for the appellant would contend, in 1980 the
respondent got a partial decree of eviction, that portion is
still under lock and key, the plaintiffs did not possess the same. The plaintiffs are staying in a different house. Moreover the original plaintiff having died, the family has changed its composition that was not considered by the 1st Appellate Court.
These are factual issues that could not be raised in a second appeal deserving admission.
We, therefore, dismiss the appeal summarily under Order XLI, rule 11 of the Code of Civil Procedure.
In view of dismissal of the appeal, the connected application for injunction filed under CAN 12092 of 2013 becomes infructuous and the same is, also, dismissed.
There will be no order as to costs.
Urgent certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J. ) ( Arijit Banerjee, J.)