Sajjak Hossain And ANR. v. Mostafa Habib And ORS.

M/L 71 08.01.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1412 of 2024 Sajjak Hossain & Anr.

Versus

Mostafa Habib & Ors.

Mr. Satyam Mukherjee Mrs. Sayani Ahmed ... For the petitioners.

1. Challenging the order dated 3rd January, 2024 passed by the learned Civil Judge (Junior Division) 1st Court at Barasat North 24Parganas, in Title Suit No. 1074 of 2022 the instant revisional application has been filed.

2. By the order impugned, the learned Judge had rejected the application filed under Order 39 Rule 7 of the Code of Civil Procedure, 1908, for local inspection on the ground that the points for local inspection are not clear enough to warrant a report by conducting local inspection.

3. Having heard the learned advocate for the petitioners and considering the fact that the application had only been dismissed on technical grounds, I am of the view that there is no scope to entertain this revisional application. However, this order shall not stand in the way of the petitioner to apply before the learned Trial Court by way of an appropriate application, if so

advised.

4. With the above observations and directions, the revisional application is disposed of.

(Raja Basu Chowdhury, J.)