Smt Gita Chatterjee And ORS v. Krishna Halder And ORS

S/L 13 21.01.2021 Court. No. 19 GB C.O. 100 of 2021 Smt. Gita Chatterjee & Ors.

Vs.

Smt. Krishna Halder & Ors.

(Through Video Conference) Mr. Nitai Ch. Saha.

... for the Petitioners.

This revisional application has been filed by the plaintiffs in Title Suit No.881 of 2019 being aggrieved by the order dated November 30, 2020, passed by the learned Additional Civil Judge (Junior Division), 1st Court at Alipore. It is the contention of the petitioners that the order was passed on a holiday. It is further submitted that such order has caused serious prejudice from the tenure of the order.

I do not find that the learned court below passed any order except that the hearing of the applications were fixed on December 7, 2020. On December 7, 2020, the petitioners appeared before the learned court below. However, an order was passed against the petitioners, against which an appeal was preferred. It also appears that the petitioners have already been filed an application for transfer of the suit from the learned court below to another court.

Under such circumstances, I do not find any reason to admit this revisional application by interfering with the

order dated November 30, 2020. The learned District Judge, before whom the application for transfer of the suit has been filed will look into the matter and take a decision. The revisional application is dismissed.

The learned courts below before whom applications are pending arising out of the instant suit, shall decide the respective applications and/or appeals in accordance with law without being influenced by the dismissal of this revisional application.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)