Form No.J(2)

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya &

The Hon’ble Mr. Justice Supratim Bhattacharya F MA No. 1569 of 2025 +

CAN 2 of 2025 +

CAN 3 of 2025 Suresh Chandra Ghosh -vs-

Dipak Kumar Ghosh and others For the respondent no. 1 : Mr. Aniruddha Chatterjee, Snr. Adv.

Mr. Kushal Chatterjee, Mr. Sibashis Chowdhury.

For the respondent no. 2 : Mr. Partha Pratim Roy, Mr. Oishik Chatterjee.

1. The affidavit-of-service filed in Court today be kept on record.

2. Despite service, none appears for the appellant at the time of call.

3. Learned senior counsel appearing for the respondent no. 1 submits that the appeal is not maintainable, since it has been preferred against an order which was itself passed in a miscellaneous appeal arising out of an order passed on an application under Order XXXIX Rule 4 of the Code of Civil Procedure (Code).

4. There is substance in such contention.

5. By a composite reading of the provisions of Order XLIII of the Code, read with Section 104 thereof, it is found to be the clear position of law that no further appeal lies from an order passed in an appeal preferred under Order