Calcutta High Court
CO/4317/2024 of SYED MOHAMMAD MALEK ALI AND ORS Vs SK HUMAYUN KABIR AND ORS on 1 October 2026
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
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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.)