Calcutta High Court (Appellete Side)
Md. Salim And Others vs Ansar Ali And Others on 19 July, 2018
1 S/L. 15.
July 19, 2018.
MNS.
C. O. No. 3695 of 2017 Md. Salim and others Vs. Ansar Ali and others Mr. Asit Baran Raut, Mr. Asit Kumar Choudhury, Mr. Tuhin Subhra Raut, Ms. Ishita Raut ...for the petitioners.
The petitioners raise a valid question as to whether the appellate court acted without jurisdiction in allowing the application filed by the opposite party no. 8 under Order XLI Rule 21 of the Code of Civil Procedure on the premise that no service was effected on such opposite party no. 8, in the teeth of specific evidence having been produced by the present petitioners before the appellate court, as to proper service on the sister of opposite party no. 8 at the address of his residence.
Accordingly, the petitioners are directed to serve copies of the revisional application on the opposite parties, intimating the opposite parties that the matter will appear as a 'contested application' in the monthly combined list of cases for the month of September, 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 Title Appeal No. 9 of 2010, pending in the First Court of Additional District Judge at Sealdah, District - South 24-Parganas, till disposal of the revisional application.
(Sabyasachi Bhattacharyya, J.) 2