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Calcutta High CourtCO/714/2012dismissed as infructuous

Arati Rani Saha v. Tapan Dutta & ORS

2023-10-03Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

03.10.2023 Ct.No. 236 Sl. 24 Amalranjan C.O. 714 of 2012 Smt. Arati Rani Saha Vs Tapan Dutta and ors.

1. The parties are not represented.

2. This application under Article 227 of the Constitution of India was filed on 6th February, 2012. Since then the petition, as the record reveals, has not been moved. This petition under consideration challenges the order passed by learned Additional District Judge in Civil Revision Case No. 12 of 2009.

3. By the order impugned, learned Additional district Judge held that the revisional application is not maintainable in view of the provisions of Section 115 of the Code of Civil Procedure, inasmuch as the order that was challenged before the court of learned Additional District Judge could not have disposed of the lis, had it been allowed.

4. I do not find any reason to interfere with the order impugned.

5. The revisional application has become infructuous and is dismissed along with the connected application, if any.

( Siddhartha Roy Chowdhury,J. )