Jayanta Kumar Das & Anr vs Sekh Firoj Ali & Ors
2021 Latest Caselaw 3872 Cal

    09
20.07.2021

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In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side

C.O. No. 1152 of 2021 (Via video conference)

Jayanta Kumar Das & Anr.

-Vs.-

Sekh Firoj Ali & Ors.

Mr. Asok Kumar Janah, Ms. Pampa Dey Dhabal Mr. Krishna Deo Das ...for the petitioners

Despite service, none appears on behalf of

the opposite parties at the time of call.

Affidavit-of-service filed in Court today be

kept on record.

By the impugned order, the trial court

rejected the petitioners' application under Section

151 of the Code of Civil Procedure, for

implementation of an injunction order by grant of

police help, merely on the ground that an

alternative remedy was available under Order

XXXIX Rule 2A of the Code of Civil Procedure, by

placing reliance on a judgment of this Court.

However, it is now well settled in view of the

subsequent legal position, that alternative remedy

under Order XXXIX Rule 2A of the Code is neither

an equally efficacious remedy as police help, nor

a bar to the court directing implementation of an

order of injunction by police help. Such

provisions operate in different spheres and the

nature of relief sought under each is independent

of the other.

Hence, the impugned order was passed

palpably without jurisdiction.

Accordingly, C.O. No. 1152 of 2021 is

allowed, thereby setting aside Order No. 10 dated

March 04, 2021, passed by the Civil Judge

(Senior Division), First Court at Tamluk, District-

Purba Medinipur, in Title Suit No. 160 of 2020

and directing the trial Judge to hear the

application filed by the petitioner under Section

151 of the Code of Civil Procedure for police help

afresh on its merits and to decide the same as

early as possible upon hearing both sides,

preferably within a month from the date of

communication of this order to the court below.

The parties as well as the court below shall

act on the communication of the learned advocate

for the petitioners, accompanied by a server copy

of this order, without insisting upon prior

production of a certified copy thereof.

There will be no order as to costs.

Urgent photostat certified copies of this

order, if applied for, be made available to the

parties upon compliance of all necessary

formalities.

(Sabyasachi Bhattacharyya, J.)