SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Cal) 1088

SABYASACHI BHATTACHARYYA
Kaushik Mitra – Appellant
Versus
Indira Ghosh – Respondent


Advocates appeared:
Mr. Kallol Basu, Mr. Rajdeep Bhattacharya, Mr. Amitava Bhowmik, for the Appellant; Mr. Probal Kumar Mukherjee, Mr. Debanik Banerjee, Mr. Mainak Swarnakar, for the Respondent

JUDGMENT

Sabyasachi Bhattacharyya, J. - By the present review application, the revisionist petitioner in CO No.3670 of 2019 has sought review of an order dated August 25, 2021 passed in the said revisional application under Article 227 of the Constitution of India.

2. Learned counsel for the review applicant/revisionist petitioner argues that this Court proceeded on a patently erroneous premise in affirming the order impugned in the said revisional application. The basis on which this Court's order was passed, it is submitted, was that the Trial Court had, by an order previous to the impugned order, already dismissed an application for recall of the order dated December 6, 2018 passed in Money Suit No. 115 of 2018. Hence, this Court as well as the Trial Court proceeded to observe that the applicant could not reopen the said order dated December 6, 2018 afresh.

3. However, learned counsel for the petitioner argues that the previous order of the Trial Court, whereby the Trial Court had allowed an application for recall of the earlier order dated December 6, 2018, was only in the context of seeking a re-hearing of an application under Order XXVI Rule 4A of the Code of Civil Procedure, wh

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top