Calcutta High Court

CO/4317/2024 of SYED MOHAMMAD MALEK ALI AND ORS Vs SK HUMAYUN KABIR AND ORS on 1 October 2026

Cites 0, Cited by 0

Item No.10 sudipta IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 4317 of 2024 Syed Mohammad Malek Ali & Ors. Vs. Sk. Hunayun Kabir & Ors. Mr. Sukanta Das Ms. Anulekha Bera Maiti …for the petitioners Mr. R. Mahata …for the opposite parties

01.10.2026

Court No.2

Item No.10

sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION

APPELLATE SIDE

CO 4317 of 2024

Syed Mohammad Malek Ali & Ors.

Vs.

Sk. Hunayun Kabir & Ors.

Mr. Sukanta Das

Ms. Anulekha Bera Maiti

…for the petitioners

Mr. R. Mahata

…for the opposite parties

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. Present petition has been filed challenging the order no. 20 dated 5th January, 2024 passed by the learned Civil Judge (Jr. Divn.), 2nd Court, Paschim Medinipur, Sadar.

2. Both the learned counsels submit that the impugned order seems to have been passed inadvertently, mechanically and in haste. Both the learned counsels submit that the impugned order may be set aside and the matter may be remanded back to the learned Trial Court for deciding the application on behalf of the plaintiffs / petitioners under Order 6 Rule 17 CPC dated 29th November, 2023 in accordance with law.

3. The Court has perused the impugned order dated 5th January, 2024. The impugned order actually does

2 not make out any sense. It seems to have been passed mechanically and in haste.

4. In the circumstances, the order dated 5th January, 2024 is set aside. The matter is remanded back to the learned Trial Court. Let amendment application dated 29th November, 2023 filed by the plaintiffs / petitioners be decided afresh in accordance with law after giving the parties an opportunity of being heard expeditiously without being influenced by the impugned order dated 5th January, 2024.

5. With the above observations, the present petition stands disposed of.

6. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead