Chayan Mukherjee v. Sutanuka Kundu
ML53 June, 2024 sandip Ct. 19 12.06.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 888 of 2024 Chayan Mukherjee Vs.
Sutanuka Kundu Mr. Pinaki Ranjan Mitra ... For the petitioner. Mr. Subrata Santra, Ms. Gargi Dhang ... For the opposite party. Affidavit-of-service filed on behalf of the petitioner be kept with the record.
The revisional application under Article 227 of the Constitution of India is directed against Order No. 07 dated February 17, 2024 passed by the learned Additional District Judge, Fast Track Court - II, at Howrah in Matrimonial Suit No. 852 of 2023.
The petitioner has filed the aforementioned Matrimonial Suit for dissolution of his marriage with the opposite party by a decree of divorce.
The petitioner in the said Matrimonial Suit had filed an application praying that his father may be allowed to act as his authorized agent.
The learned Trial Judge by the order impugned has dismissed the said application.
Order III Rule 1 of the Code of Civil Procedure contemplates that any appearance, application of act in or to any Court required or authorized by law to be made or done by a party in such Court, may, except where
otherwise expressly provided by any law for the time being in force, may or done by the party in person or his recognized agent.
The petitioner by an application has acknowledged that his father is his authorized agent to appear/ act/ plead/ argue/ submit/ receive all petitions/documents on his behalf in the said Matrimonial Suit. The requirements of Order III Rule 1 of the Code since are satisfied, the order impugned is set aside, the application filed by the petitioner is allowed.
It is made clear that in view of the nature of the proceeding, Sri Joydeb Mukherjee is not authorized to adduce evidence on behalf of the petitioner.
C.O. 888 of 2024 is disposed of with the above terms without any order as to costs.
Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)