Ranjit Modak v. Abani Modak

22.04.2025 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Civil Revisional Jurisdiction Appellate Side C.O. 44 of 2025 Ranjit Modak -versus Abani Modak Mr. Saumyojyoti Dutta, Mr. Gopal Sah.

...For the Petitioner.

1.

The defendant in the suit is aggrieved by the order passed by the Learned Trial Judge on 16th February, 2024 by allowing the application filed by the plaintiff under Order VI Rule 17 C.P.C.

2.

It appears that the instant civil revisional application has been filed more than one year after the order was passed by the Learned Trial Court.

3.

The petitioner has tried to explain the delay by putting the blame on the learned advocate. The details of the learned advocate are not disclosed. Only vague and bald allegations have been leveled against no one in particular.

4.

The suit appears to have been filed in the year 2017 and is pending disposal till date. The application under Order VI Rule 17 CPC was decided on contest more than a year back.

5.

Had the petitioner been genuinely aggrieved by the said order, he ought to have approached the Court immediately thereafter.

6.

The Court is not convinced with the bona fide of the petitioner in filing the instant civil revision application.

7.

The application, accordingly, stands dismissed.

8.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)