Kazi Taiyeb Ali v. Sk. Jamaluddin

Item No. 86 19.07.2023 Court. No. 19 GB C.O. 1089 of 2023 Kazi Taiyeb Ali Vs.

Sk. Jamaluddin Mr. Mrinal Kanti Ghosh ... for the Petitioner.

This application is not entertained precisely for the reason that the relief as prayed for cannot be granted. Aggrieved by an order passed in a proceeding under Order 9, Rule 13 of the Code of Civil Procedure rejecting an application of the petitioner under Section 151 of the Code of Civil Procedure, a revision was filed before the Additional District Judge, 2nd Court at Uluberia.

In my opinion, the said revision which is before the learned Additional District Judge, 2nd Court at Uluberia, is not maintainable.

Thus, no order can be passed directing the learned court below to dispose of the Civil Revision Case No.06 of 2017 expeditiously.

Accordingly, the revisional application is dismissed. The remedy of the petitioner in any other forum from the order impugned before the revisional court, has not been decided.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)