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2001 Supreme(Cal) 782

BHASKAR BHATTACHARYA
Suchetan & Company – Appellant
Versus
Manju Debi Bhiwaniwala – Respondent


Advocates:
Advocate Appeared:
S.P. Roychowdhury, S. Talukdar, A. Ghosh for the petitioner
S.N. Mukherjee, S. Bose for the respondents.

JUDGMENT

Bhaskar Bhattacharya, J.

1. This revisional application is directed against order September 4, 2001 passed by the learned District Judge, Alipore, District-24 Parganas in Civil Revision Case No. 507 of 2001 thereby dismissing a revisional application under section 115A of the Code of Civil Procedure as not maintainable.

2. There is no dispute that one Surendra Saraf was appointed as receiver in respect of the suit property on November 27, 2000 vide Order No. 221. The present petitioner subsequently filed an application for cancellation of appointment of the said Surendra Saraf as receiver by filing an application under section 151 of the Code of Civil Procedure.

3. The learned trial Judge by Order No. 233 dated August 24, 2001 rejected the said prayer of the present petitioner.

4. Being dissatisfied, the petitioner preferred the aforesaid revisional application under section 115A of the Code of Civil Procedure before the learned District Judge and by the order impugned in this application the learned District Judge has dismissed such revisional application holding that the appropriate remedy of the petitioner lies by filing an appeal under Order 43 Rule 1(s) of the Code of Civ













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