Sunil Sen @ Sunil Kumar Sen vs Chhanda Dutta (Deceased) on 28 January, 2022
Mr. Mitra, then proceeded to make a distinction over the
applicability of an order dated 22nd September, 2017, passed by Division
Bench of this Court in FMA 56 of 2017 delivered in the case of Subir Das
& Ors. Vs. Sailen Nandy & Ors., grossly being relied upon by Mr.
Mukherjee in this case, submitting that such decision would not be
operative over the present facts and circumstances of this case, now
under reference, as the petitioner/plaintiffs/opposite parties were not the
parties to the said suit, though the petitioner of the instant proceeding
was one of the defendants in a suit giving rise to FMA 56 of 2017,
following rejection of a prayer for injunction.