Pinaki Patra Vs Utpal Patra and Ors. — Writ and Judicial Review | Calcutta HC (2025)

Pinaki Patra Vs Utpal Patra and Ors. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

CO 1627 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division), Haldia to take up the hearing of the application filed by defendant No. 4, if filed in accordance with law, and to dispose of it as expeditiously as possible; the petitioner's advocate to forward a copy of the application and the order to the opposite parties.

Issue for consideration

Whether the learned Civil Judge (Junior Division), Haldia should take up and decide the application filed by defendant No. 4 in Title Suit No. 173 of 2023, which states that defendant No. 3 died prior to the filing of the suit.

Court's answer

CO 1627 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division), Haldia to take up the hearing of the application filed by defendant No. 4 (annexed at page 16 of the civil revision application), if the same was filed in accordance with law, and to dispose of it as expeditiously as possible.

Ratio / Principle

The learned advocate for the petitioner is to forward a copy of the application along with the order to the opposite parties or their learned advocates before the learned Trial Judge.

Detailed headnote1 paragraphs

Pinaki Patra, defendant No. 4 in Title Suit No. 173 of 2023 (Civil Judge (Junior Division), Haldia), filed this application under Article 227 of the Constitution of India against orders dated 5th December, 2023, 15th April, 2024 and 11th September, 2024, stating that his name is 'Pinaki Patra' and not 'Pinaki Ranjan Patra'. It was submitted on his behalf that defendant No. 3, Somnath Patra, died unmarried on 4th May, 2021, i.e., prior to the filing of the suit, and that the application filed by defendant No. 4 to that effect had not yet been taken up by the learned Trial Judge. Hiranmay Bhattacharyya, J. disposed of CO 1627 of 2025 by requesting the learned Civil Judge (Junior Division), Haldia to take up the hearing of the said application, if filed in accordance with law, and to dispose of it as expeditiously as possible, with a direction that the petitioner's advocate forward a copy of the application and the order to the opposite parties or their advocates before the learned Trial Judge.

13.05.25 26 Ct. No. 06 Sws.M

CO 1627 of 2025

Pinaki Patra vs. Utpal Patra & Ors.

Mr. Prakash Chandra Mondal

Mr. Debabrata Mondal Mr. Dinesh Chandra Mondal

….for the Petitioner

This application under Article 227 of the Constitution of India is at the instance of the 4^th defendant who claims that his name is ‘Pinaki Patra’ not ‘Pinaki Ranjan Patra’ and is directed against orders dated 5^th December, 2023, 15^th April, 2024 and dated 11^th September, 2024 all passed by the passed by the learned Civil Judge (Junior Division), Haldia in Title Suit No. 173 of 2023.

The learned advocate appearing for the petitioner submits that defendant No. 3, namely, Somnath Patra died on 4^th May, 2021. The learned advocate appearing for the petitioner further submits that the defendant No. 3 died unmarried.

He further submits that an application was filed by the defendant No. 4 stating that the defendant No. 3 died prior to the filing of the suit and such application has not yet been taken up for consideration by the learned Trial Judge.

In the light of the aforesaid submissions made by the learned advocate for the petitioner, CO 1627 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division), haldia to take up the hearing of the application filed by the defendant No. 4 which is annexed at page 16 of the civil revision application, if

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the same was filed in accordance with law and to dispose of the same as expeditiously as possible.

However, learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing the opposite parties before the learned Trial Judge.

With the above observations and directions CO 1627 of 2025 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)