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Calcutta High CourtCO/1813/2024disposed

Sharodia Chakraborty v. Swarnendu Mukherjee

2024-07-29Hon'Ble Justice Biswajit Basu1 pages

29.07.2024 (D/L-64) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1813 of 2024 Sharodia Chakraborty -Vs- Swarnendu Mujkherjee Ms. Granthana Kayal, ... For the Petitioner.

The petitioner is the wife of the opposite party and the respondent of the Matrimonial Suit No. 2757 of 2023. The said suit is pending before the Court of learned Additional District Judge, Fast Track Court- 4 at Barrackpore, District: 24 Parganas (North).

This is an application for withdrawal of the said suit from the said Court and transfer of it to any other Court of learned Additional District Judge of the same station on the ground that there is no presiding Judge in the Court where the suit is pending.

The application under Section 24 of the Code of Civil Procedure is misconceived, inasmuch as under the circumstances, the petitioner is required to approach the learned District Judge for administrative transfer of the said suit to any Court competent to try and dispose it of under the judgeship of the said learned District Judge. C.O. 1813 of 2024 is dismissed with the above observations without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)