IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury C.O. 3739 of 2024 Rushiya Bibi & Ors.

VERSUS Md. Roushan Ali Mondal & Ors.

For the Petitioners: Mr. Ashim Kr. Routh, Adv.

Ms. Manishka Dhar, Adv. Ms. Ananya Mondal, Adv.

For the O.P. No.1: Mr. Subhayam Banik, Adv.

Mr. Partha Sarathi Das, Adv.

Mr. Sormi Dutta, Adv.

Last Heard on: November 07, 2025 Judgment on: November 17, 2025 Biswaroop Chowdhury,J:

The petitioners before this Court are the plaintiffs in a suit for pre-

emption and is aggrieved by the Order dated 23-09-2024 passed by Learned Civil Judge Junior Division 1st Court Barasat North 24 Parganas in allowing the petition filed by the opposite party No-1 to allow him to contest the suit by filing written statement and setting aside the order fixing the case for exparte hearing.

On the application filed by the opposite party no-1/Defendant no-1 before the Learned Trial Court for setting aside Order fixing T.S. 431 of 2010 for Exparte hearing against opposite party no-1 by Learned Civil Judge (Junior Division) 1st Court Barasat North 24 Parganas the Learned Judge decide the same by observing as follows:

‘In the ligh