The Court restored a dismissed revisional application (CAN 1 of 2023) due to sufficient cause. It disposed of the main application for transfer of Section 125 CrPC proceedings by holding it non-maintainable as filed under Section 24 CPC.
Restoration of CO 2301 of 2022; dismissal of CO 2301 of 2022 as not maintainable; disposal of CAN 1 of 2023.
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S/L 218 15.03.2023 Court No.652 SD
CO 2301 of 2022 With CAN 1 of 2023
Sanjib Das Vs. Tanusree Kansa Banik
Mr. Maloy Ghosh
… for the Petitioner.
This is an application for restoration of application, being CO 2301 of 2022.
It appears that the said revisional application was dismissed for default on 03.01.2023, since the petitioner did not appear before this Court when the matter was called on for hearing.
Having regard to the averments made in the application, I am of the view that the petitioner was prevented by sufficient cause from not appearing before this Court on 03.01.2023, when the revisional application was taken up for hearing.
Accordingly, the order dated 03.01.2023 is recalled. The application being CO 2301 of 2022 is restored to its original file and number.
CAN 1 of 2023 is accordingly disposed of.
CO 2301 of 2022:-
This is application under Section 24 of the Code of Civil Procedure seeking transfer of a proceeding under
2
Section 125 of the Code of Criminal Procedure pending before the Court of learned Judicial Magistrate, 3rd Court, Murshidabad to the Court of learned Chief Judicial Magistrate, North 24 Parganas at Barasat.
This application has been preferred under Section 24 of the Code of Civil Procedure. Since the present prayer for transfer of a proceeding under Section 125 of the Code of Criminal Procedure is not guided by the said provision of Code of Civil Procedure, this application is not maintainable and accordingly, CO 2301 of 2022 is dismissed being not maintainable.
However, this order will not preclude the petitioner to seek for his relief before appropriate forum.
(Ajoy Kumar Mukherjee, J.)
2 issues framed by the court
Whether an application for transfer of maintenance proceedings under Section 125 CrPC filed under Section 24 CPC is maintainable.
Whether the petitioner was prevented by sufficient cause from appearing on the date of hearing of the revisional application.
2 provisions across 2 enactments
Sanjib Das
Tanusree Kansa Banik
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
