Sucheta Mitra v. Madan Mitra

Item 02.07.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Ct CO 324 of 2020 rup Smt. Sucheta Mitra Vs Sri Madan Mitra Mr. Gininda Kar.

... for the petitioner.

Mr. Arijit Sarkar. ... for the opposite party.

1. Both the learned counsel appearing on behalf of the parties to this revisional application are present.

2. Learned counsel appearing on behalf of the petitioner has submitted that the instant revisional application has been filed challenging the order passed Under 39 Rules 1 and 2 of the Code of Civil Procedure and prays for liberty to file appeal.

3. Having regard to the provision of Order 43 Rule 1 (r) of the Code of Civil Procedure, the challenge cannot be made under revision.

4. Accordingly, the instant revisional application stands dismissed with liberty given to the petitioner to file appeal against the order

passed under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

5. All parties to this revisional application shall act on the server copy of this order downloaded from the official website of this Court.

6. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Bibhas Ranjan De, J.)