Paramjit Das v. Amriklal Das & ORS

FMA 3672 of 2016 CAN 1 of 2016 (old CAN 3191 of 2016) Item-27.

04-11-2022 Paramjit Das

Versus

Amriklal Das & Ors.

sg Ct. 8 The appellant is not represented nor any accommodation is prayed for on behalf of the appellant. The appellant was also not represented on the earlier occasion. The appeal was presented on 15th February, 2016 and thereafter no attempt was made to move this appeal. In view of our earlier direction, we propose to take up this matter on the basis of available record. The appeal is arising out an order dated 15th February, 2016 passed by the learned Judge, 7th Bench, City Civil Court, Calcutta in connection with a petition under Order 39 Rule 1 and 2 of the Code of Civil Procedure filed by the plaintiff praying inter alia for an order of injunction.

The Trial Court rejected the said application on the ground that the suit property situated outside the jurisdiction of the Trial Court. The decision of the learned Trial Court that it does not have territorial jurisdiction to entertain the suit is the ground of rejection of the injunction petition, which does not call for any interference and the same is dismissed. The application is also accordingly dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)