D/L.6.

November 11, 2025.

.

MNS

FMAT No. 288 of 2025

+

CAN 1 of 2025

Gobindapur Sephali Samaj Seba Samity

and others

Vs.

Gobindapur Sephali Samaj Seba Samity

and others

Mr. Asish Chandra Bagchi, Sr. Adv.,

Mr. Amal Saha,

Ms. Madhumati Patra,

Mr. Sauradeep Dutta … for the appellants.

Mr. Saptanshu Basu, Sr. Adv.,

Mr. Gaurav Purkayastha, Ms. Sushmita Choudhury

…for the respondent nos. 1 to 3.

1. We find from the certified copy of the impugned order that the report of the Additional Stamp Reporter, to the

effect that the appeal is out of time, is erroneous.

2. Accordingly, we take up the appeal for hearing under

Order XLI Rule 11 of the Code of Civil Procedure.

3. The present appeal has been preferred against an order whereby the plaintiffs/appellants’ application under Order XXXIX Rules 1 and 2 of the Code filed in connection

with their suit has been dismissed on contest.

4. The suit has been filed, inter alia, for declaration and injunction, also seeking relief under Section 92 of the

Code.

5. The allegation of the plaintiffs in the suit is that despite the plaintiffs being the donors and founder members of the concerned Society, they were ousted from ingress and egress to the Society as long back as from Febr