C&Cr vs Arati Saha & Ors
2023 Latest Caselaw 345 Cal

11.01.2023 Item No.11 Ct. No.7 CHC (disposed of)

C.O. 3084 of 2022

Smt. Chaitali Dutta C&CR

Vs.

Arati Saha & ors.

Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar ...for the petitioner

The subject-matter of challenge in this case is

against the rejection of an application filed under

Section 47 C.P.C.

The point taken under Section 47 C.P.C. is

relatable to limitation and the principle of res

judicata, which are not the subject for decision in an

application under Section 47 C.P.C. The prayer for

police help during first round of litigation was

opposed by the petitioner/judgment-debtor and it is

after disposal of the police help application. The

instant prayer under Section 47 C.P.C. has been filed

with huge delay without affording any explanation.

Admittedly, decree was granted in 2008. No appeal

is submitted to be pending before any superior forum

challenging the decree.

Upon perusal of the impugned order, it appears

that it does not call for any interference.

The revisional stands disposed of.

Petitioner is directed to make communication of

this order to the learned court below as well as to the

opposite parties and their learned advocate in the

court below.

Urgent certified photostat copy of this order, if

applied for, be given to the parties as expeditiously as

possible on compliance of all necessary formalities.

(Subhasis Dasgupta, J.)