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1995 Supreme(Cal) 264

Bijitendra Mohan Mitra
Sk. Farron All – Appellant
Versus
Habiban Bibi – Respondent


Advocates:
Advocate Appeared:
A.C. Bagchi, M.R. Daw, C. Guha Thakurta for the petitioner;
Bhaskar Bhattacharjee, Asit Bhattacharjee for the opposite party.

JUDGMENT

Bijitendra Mohan Mitra, J.

This is an application under s. 24 of the Code of Civil Procedure for transfer of a pending lis from the concerned Court of South 24 Parganas to that of North -24 Parganas. The connected suit was for partition and, as usual, as a partition suit, the suit is an old one of the year of 1973. The said suit was decreed in a preliminary form on 25th August, 1989 and thereafter steps are being taken in the pending lis for drawing up of the final decree. In fact, this Court has been apprised that approximately four sittings of the Commission has already taken place and it is in the process of continuation. . The filing of the present petition under s. 24 CPC is preceded by filing of an earlier petition which is one of composite nature under s. 115 CPC read with s. 24 CPC and this Court summarily rejected the said petition as, according 10 the opinion of this Court, such a petition of composite nature is not maintainable. It has been contended that as the Court did not advert into the merit of the petition but as the form of the petition appeared to be defective because of the conglomeration of composite aspects of s. 115 read with s. 24 CPC, therefore, th





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