The High Court at Calcutta dismissed a Civil Revision under Article 227, holding that the nature of the disputed transaction in a pre-emption proceeding cannot be decided under Order VII Rule 11 CPC as it requires final adjudication.
Civil Revision C.O. No. 3235 of 2024 dismissed; proceeding expedited without unnecessary adjournments.
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30 sandip Ct. 19 11.09.2024
In The High Court At Calcutta Civil Revisional Jurisdiction
C.O. No. 3235 of 2024
Smt. Pranita Adak Maji Vs.
Sri Tara Sankar Gumta & Ors.
Mr. Gopal Chandra Ghosh, Mr. Rajkrishna Mondal … For the petitioner.
The pre-emptee in a proceeding under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 is the petitioner of the instant application under Article 227 of the Constitution of India. The said proceeding being J. Misc. Case (Pre-emption) No. 30 of 2022 is pending before the learned Civil Judge, (Junior Division) at Haldia, District – Purba Medinipur.
The learned Trial Judge by the order impugned being Order No. 06 dated March 16, 2023 has dismissed an application filed by the pre-emptees under Order VII Rule 11 of the Code of Civil Procedure praying rejection of the application for pre-emption on the ground that the disputed transaction is not a sale but an exchange.
The nature of the disputed transaction would be decided at the time of final adjudication of the application for preemption along with other evidences on record which cannot be considered as a ground for rejection of the said application under Order VII Rule 11 of the Code of Civil Procedure.
The order impugned, for the aforesaid reason, does not call for any interference.
2
C.O. 3235 of 2024 is dismissed without any order as to costs.
The learned Trial Judge is requested to expedite the disposal of the Misc. case in accordance with law and in doing so shall not grant any unnecessary adjournment to either of the parties.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)
1 issue framed by the court
Whether the dismissal of a pre-emption application under Order VII Rule 11 CPC is justified when the nature of the transaction (sale vs exchange) remains to be decided at final adjudication.
3 provisions across 3 enactments
Smt. Pranita Adak Maji
Sri Tara Sankar Gumta & Ors.
Biswajit Basu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
