Mousumi Chakraborty v. Soumitra Chakraborty And ORS

10.06.2024 (D/L-19) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1003 of 2024 Mousumi Chakraborty -Vs- Soumitra Chakraborty & Ors.

Mr. Kishore Mukherjee, Mr. Amitasva Chowdhury, ... For the Petitioner.

The learned Trial Judge by the order impugned has appointed a receiver, the application though has been captioned under Rule 3 of Order XL of the Code of Civil Procedure, but the order impugned being passed under Rule 1 thereof is appellable under Order XLIII Rule 1(s) of the Code, as such, the instant revisional application is dismissed as not maintainable. However, this order will not prevent the learned advocate for the petitioner to prefer an appeal before the appropriate forum in accordance with law.

The learned advocate for the petitioner is permitted to take back the certified copy of the order impugned upon furnishing a photocopy thereof.

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.)