Single-judge order holding F.M.A.T. 166 of 2017 not maintainable under Section 104 CPC as it sought to challenge dismissal of a Misc. Appeal, thereby dismissing the appeal.
Appeal dismissed as not maintainable.
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10.11.2021 Ct. No.15 Sl. No.5 akd
F.M.A.T. 166 of 2017 [via video conference] CAN 1 of 2018 ( Old No. CAN 5675 of 2018 )
[Burn Standard Company Limited -Vs- Sudhansu @ Sudhangshu Roy & Ors.]
Perused the office report.
The appeal is not maintainable against an order dismissing the Misc. Appeal in view of Section 104 of the Code of Civil Procedure.
The appeal is dismissed as not maintainable.
Appellant is at liberty to seek appropriate remedy, if so advised.
Certified copy of the order be returned to the appellant upon replacing the same with a photocopy thereof.
In view of dismissal of the appeal, CAN 1 of 2018 (Old CAN No. 5675 of 2018) also stands dismissed.
(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether an appeal under Section 104 of the Code of Civil Procedure is maintainable against an order dismissing a Misc. Appeal.
Burn Standard Company Limited
Sudhansu @ Sudhangshu Roy
Bivas Pattanayak
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
