Rokeya Bibi v. Sk. Nasir Ali

11.02.2022 (S/L-17) Ct.-18 (Susanta) (Via Video Conference) C.O. 2070 of 2019 Rokeya Bibi -Vs- Sk. Nasir Ali Ms. Rita Patra, .... For the Petitioner.

The order dismissing an application under Order XXXIX Rule 2A of the Code of Civil Procedure is under challenge in the present revisional application under Article 227 of the Constitution of India. The order is appealable under Order XLIII Rule 1(r) of the Code. The revisional application is, therefore, not maintainable.

C.O. 2070 of 2019 is dismissed as not maintainable without any order as to costs.

It is made clear that this order will not prevent the petitioner to challenge the order impugned in accordance with law.

Liberty is granted to the learned advocate for the petitioner 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 party subject to compliance with all requisite formalities.

(Biswajit Basu, J.)