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2016 Supreme(Cal) 816

SIDDHARTHA CHATTOPADHYAY
Abhay Agarwal – Appellant
Versus
Maina Devo Surana – Respondent


Advocates Appeared:
For the Petitioners: Mr. Biswajit Basu, Ms. Madhumita Patra, Mr. Huzefa Palitanawala and Ms. Sutapa Mukhopadhyay.
For the Opposite Parties : Mr. Indranil Nandy, Mr. Deba Prasad Samanta, Mr. Aniruddha Chatterjee, Mr. Subrata Kumar Basu, Mr. Rupendra Nath Chaudhury, Mr. Dyutiman Banerjee and Mr. Manas Kumar Roy.

JUDGMENT :

Siddhartha Chattopadhyay, J.

1. Feeling aggrieved and dissatisfied with the Order No. 22 dated 17th July, 2015 passed by the learned Civil Judge (Junior Division), 1st Court at Alipore, in Title Suit No. 339 of 2013, the defendant/petitioner has filed this revisional application under Article 227 of the Constitution of India.

2. According to the petitioner, the learned Court below failed to appreciate the position of law so far as under Order 6, Rule 17 is concerned. He added that an application under Order 7, Rule 11 of Code of Civil Procedure was pending before the Court below and without disposing of the same the learned Court below has allowed the application under Order 6, Rule 17 and thereby frustrated the claim of the defendant/petitioner. He further argued that the dispute is related to Co-operative Housing Society and the present opposite party/plaintiff also filed an application before the said authority i.e. Registrar of Co-operative Societies, West Bengal for his redress vide Dispute Case No. 54/RCS of 2012 under Section 102 of the West Bengal Cooperative Societies Act, 2006, read with Rule 166 of the West Bengal Co-operative Societies Rules, 2011. He contended










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