Intaj Ali Shah v. Mir Khelafat Ali

13.03.2025 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1032 of 2023 Intaj Ali Shah Vs.

Mir Khelafat Ali Mr. Intaj Ali Shah ... Petitioner in-person 1.

Affidavit of service filed in Court is taken on record. 2.

In spite of service, none appears on behalf of the opposite party.

3.

This revisional application has been filed assailing the order 15th March, 2023 passed in connection with Title Suit No.17 of 2023 whereby the learned Civil Judge (Junior Division), Haldia, Purba Medinipur, rejected an application under Order VII Rule 11 of the Code of Civil Procedure filed on behalf of the defendant/petitioner herein only on the ground that the application was not supported by any affidavit and verification.

4.

Petitioner appearing in-person has tried to go into the merit of the suit which has not been considered by the learned Trial Court, at all.

5.

After going through the order impugned, I do not find any infirmity to stand in the way, rather giving liberty to the defendant/petitioner herein to file a fresh

application supported by affidavit and verification according to the procedure prescribed therefor. 6.

With the aforesaid observation, the revisional application stands disposed of.

7.

The petitioner is at liberty to intimate this order to the learned Trial Court forthwith.

8.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

9.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)