Smt. Mithu Pal & Anr vs Rajendra Prasad
2023 Latest Caselaw 1637 Cal

    02
13.03.2023

Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURICTION APPELLATE SIDE

CO 12 of 2023

Smt. Mithu Pal & Anr.

Vs.

Rajendra Prasad

Mr. Soumava Mukherjee ... For the petitioners

Affidavit of service filed in Court today is taken on

record. In spite of service, none appears on behalf of the

opposite party.

This application under Article 227 of the

Constitution of India has been filed challenging the order

No.3 dated 23rd August, 2022 passed by the learned

District Judge-in-Charge, Barasat, North 24-Parganas.

Heard learned advocate appearing on behalf of the

petitioners.

I have had the opportunity of perusing the order

No.1 dated 26th July, 2022 passed by the learned District

Judge, North 24-Parganas wherein the learned District

Judge recorded that court fee paid was correct and register

the same as Title Appeal was filed within time. Learned

District Judge also accepted the certified copy of the

judgment and decree dated 27th June, 2022 and 4th July,

2022 respectively passed by the learned Civil Judge

(Junior Division), Bidhannagar, in connection with Title

Suit No.264 of 2017 and the learned District Judge,

thereafter, fixed 5th August, 2022 for hearing of admission

of the appeal. on 5th August, 2022, the learned District

Judge only fixed the next date of hearing, i.e., on 23rd

August, 2022.

On 23rd August, 2022, the learned District Judge-

in-Charge, Barasat, North 24-Parganas, recorded the

following order:-

"It appears that the instant appeal has not been filed in a proper form. So, the instant appeal is dismissed as infructuous."

Learned District Judge ought to have assigned the

reason for dismissal of the appeal instead of ground "not

proper form" or is infructuous.

In the aforesaid view of the matter, the order No.3

dated 23rd August, 2022, supported by no reason, stands

set aside.

Learned District Judge, Barasat, North 24-

Parganas, is requested to hear the appeal on the time of

admission afresh and pass a reasoned order.

The interim order passed on 27th February, 2023

stands vacated.

With the above observation, the revisional

application, being CO 12 of 2023, stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Bibhas Ranjan De, J.)