Jayanta Kumar Das And ANR. v. Sekh Firoj Ali And ORS.

20.07.2021 mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 1152 of 2021 (Via video conference) Jayanta Kumar Das & Anr.

-Vs.- Sekh Firoj Ali & Ors.

Mr. Asok Kumar Janah, Ms. Pampa Dey Dhabal Mr. Krishna Deo Das ...for the petitioners Despite service, none appears on behalf of the opposite parties at the time of call.

Affidavit-of-service filed in Court today be kept on record.

By the impugned order, the trial court rejected the petitioners' application under Section the Code Civil Procedure, for implementation of an injunction order by grant of police help, merely on the ground that an alternative remedy was available under Order XXXIX Rule 2A of the Code of Civil Procedure, by placing reliance on a judgment of this Court. However, it is now well settled in view of the subsequent legal position, that alternative remedy

under Order XXXIX Rule 2A of the Code is neither an equally efficacious remedy as police help, nor a bar to the court directing implementation of an order injunction by police help.

Such provisions operate in different spheres and the nature of relief sought under each is independent of the other.

Hence, the impugned order was passed palpably without jurisdiction.

Accordingly, C.O. No. 1152 of 2021 is allowed, thereby setting aside Order No. 10 dated March 04, 2021, passed by the Civil Judge (Senior Division), First Court at Tamluk, DistrictPurba Medinipur, in Title Suit No. 160 of 2020 and directing the trial Judge to hear the application filed by the petitioner under Section 151 of the Code of Civil Procedure for police help afresh on its merits and to decide the same as early as possible upon hearing both sides, preferably within a month from the date of communication of this order to the court below. The parties as well as the court below shall act on the communication of the learned advocate for the petitioners, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance all necessary formalities.

(Sabyasachi Bhattacharyya, J.)