Sk. Hedayath Tullah vs Unknown
2023 Latest Caselaw 2772 Cal

20.04.2023

Srimanta

CRR/4586/2022

In the matter of : Sk. Hedayath Tullah

Mr. Subhabrata Chowdhury, Ms. Rishita Ghosh ...for the petitioner.

Petitioner is the husband of the opposite party no. 1. The opposite party no. 1 was favoured with an order of interim monetary allowance in a proceeding under Section 12 read with Section 23 of the Protection of Women from Domestic Violence Act. Being aggrieved against that order he filed an appeal under Section 29 of the said Act which was registered as Criminal Appeal No. 19/2022. The said appeal was transferred to the 5th Court of the learned Additional Sessions Judge, Paschim Medinipore. On 14 th November, 2022 the learned Additional Sessions Judge, 5 th Court at Paschim Medinipore dismissed the appeal imposing cost of Rs.3,000/- against the appellant. On perusal of the order, I find that on the date of delivery of judgment the appellant prayed for vacating the order of ex parte hearing personally. It is also submitted by the learned Advocate for the petitioner that at the relevant point of time there was some dispute going on between the Bar and the concerned Bench. The local Bar took a resolution not to attend the 5 th Court of the learned Additional Sessions Judge, Paschim Medinipore. Therefore, the appellant/petitioner could not get any legal assistance on the day of delivery of judgment. He could not place his case before the learned Additional Sessions Judge, 5th Court at Paschim Medinipore. It is found from the order impugned that the learned Judge refused to vacate the ex

parte hearing of the said appeal and imposed cost of Rs.3,000/- against the appellant but in his order he surprisingly recorded that the appeal stood dismissed on contest. If the appeal is fixed for ex parte hearing how the same can be dismissed on contest?

The instant revision be admitted.

Petitioner is directed to serve notice upon opposite party no. 1 under registered speed post with acknowledgement due and file affidavit-of-service within three weeks from the date of this order.

At this stage, since the appeal is dismissed I do not find any reason to pass any interim order of stay.

The learned Advocate for the petitioner is at liberty to mention the matter for early hearing immediately on service being effected.

( Bibek Chaudhuri, J. )