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SOUMEN SEN
Subarnarekha Properties Pvt. Ltd. – Appellant
Versus
Akbar Ali Khan – Respondent


Counsel for the Parties:
For the Petitioner:Syed Nasim Aejaz, Advocate.
For the Opposite Partie:Sakti Nath Mukherjee, S.P. Roy Chowdhury, Bhaskar Ghosh, Sr. Advs., P.C. Motilal, Anit Rakshit, Probal Mukherjee, R.P. Motilal, P. Sona, Advocates.

JUDGMENT

Soumen Sen, J.—The petitioner being the opposite party in the Civil Revisional Application being CO4030 of 2008 has filed this application for review of an order passed by this Court on 22nd March, 2012.

2. The ground for review is that while disposing of the application on 22nd March, 2012, a direction was passed upon the Civil Judge (Senior Division), Alipore to dispose of the application filed by the revisionist under Order 7 Rule 11 of the Code of Civil Procedure first, although the plaintiff/applicant has filed an application prior in point of time, namely, on 22nd April, 2010 for amendment of the plaint. The application for rejection of the plaint was filed on 25th January, 2011. It was, thus, submitted that before the said application for rejection of the plaint was filed, the learned Court should have heard and decided the application filed by the plaintiff for amendment of the plaint in April, 2010. It is contended that the learned trial Judge on the basis of the order passed by this Court had taken a view that the learned Court is ‘first’ required to hear and decide the application under Order 7 Rule 11 of the Code of Civil Procedure before proceeding with the su
























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