The High Court suo motu application under Article 227 dismissing a preemption suit under Section 4 of the Partition Act. The Court held the application is not maintainable as the transferee was not the plaintiff in a partition suit and barred by limitations.
The revisional application was dismissed without cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
25.9.2023 ct. 236 sk,sl. 3
C.O. 2790 of 2012
CAN 1/2013 Kanak Lata Barui & Ors.-vs-Ashok Dhara & Ors.
Mr. Bhudeb Bhattacharyya …..for the petitioners. Mr.Asoke Basu Ms. Kaniz Kulsum
…for the opposite parties.
2
(Siddhartha Roy Chowdhury,J)
3 issues framed by the court
Whether a revisional application under Article 227 challenging the dismissal of a preemption suit under Section 4 of the Partition Act is maintainable when the transferee is not the plaintiff in a pen
Whether Section 11 of the Code of Civil Procedure bars the revision as the issue was previously decided in earlier proceedings.
Whether the right of preemption can be exercised given that the transfer was made by a co-owner for maintaining family sanctity and privacy.
3 provisions across 3 enactments
Kanak Lata Barui & Ors.
Ashok Dhara & Ors.
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
