Mukesh Kumar Jain And Anr vs Sri Dilip Kumar Modi And Ors
2025 Latest Caselaw 2382 Cal/2

Calcutta High Court

Mukesh Kumar Jain And Anr vs Sri Dilip Kumar Modi And Ors on 3 September, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD-11

                           APOT/220/2025
                                IN
                            CS/136/2010

                          IA NO: GA/1/2025

                  IN THE HIGH COURT AT CALCUTTA
                      Civil Appellate Jurisdiction
                            ORIGINAL SIDE

                    MUKESH KUMAR JAIN AND ANR.
                                 VS
                   SRI DILIP KUMAR MODI AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                 And
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : September 3, 2025


                                                                   Appearance:
                                              Mr. Jishnu Chowdhury, Sr. Adv.
                                                     Mr. Biswajit Ghosh, Adv.
                                                   Mr. Avirup Chatterjee, Adv.
                                                         Mr. Rishav Das, Adv.
                                                           ..for the appellants

                                                 Mr. Suvashis Sengupta, Adv.
                                           Mr. Shounak Mukhopadhyay, Adv.
                                                   Mr. Dhiraj Kr. Gupta, Adv.
                                                      Mr. Swarup Saha, Adv.
                                                         ..for the respondents



                    Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against a judgment and order

dated July 16, 2025, whereby an application filed for impleadment as

defendant by one Priyabrata Chakraborty in CS/136/2010, being a suit filed

by the appellants herein, has been allowed by the Learned Single Judge. Sri

Priyabrata Chakraborty has been directed to be added as a defendant in the

suit. Being aggrieved, the plaintiffs are before us.

Learned Senior Counsel representing the appellants/plaintiffs says

that the application filed by Priyabrata was not maintainable. This is because

a similar application filed by his predecessor-in-interest was dismissed for

default. The proper course of action for Priyabrata would have been to have

that application restored and to proceed with the same.

We see from the order impugned that such point of maintainability

has been noted by the Learned Single Judge but has not been decided.

Hence, without touching the merits of Priyabrata's application, we

remand the matter to the Learned Single Judge for deciding Priyabrata's

application afresh in accordance with law. All points are left open. We request

the Learned Judge to decide the point of maintainability first.

The appeal and the application stand disposed of.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp.