Dismissed¶13

Tapan Saha v. Lipika Saha

Calcutta HC21 May 2025CO/1797/2025

Case brief

AI extract

What is this about?

Tapan Saha v. Lipika Saha; CO No.1797 of 2025; High Court at Calcutta, Civil Revisional Jurisdiction; decided 21-05-2025; Hiranmay Bhattacharyya, J.; application under section 19, Bengal, Agra and Assam Civil Courts Act, 1887; trial judge's rejection upheld; application found vague; amount at which suit should be valid not stated; no interference with trial judge's order; revision petition dismissed; liberty preserved to file appropriate application afresh; advocates: Tanmoy Bhattacharyya, Mithu Mallick (Bhattacharya), Somnath Das for petitioner.

What did the court decide?

No interference granted; it was made clear that the dismissal of this application shall not prevent the petitioner from filing an appropriate application in accordance with law. ¶13

Tapan Saha Vs Lipika Saha — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No interference granted; it was made clear that the dismissal of this application shall not prevent the petitioner from filing an appropriate application in accordance with law.

¶13

Issue for consideration

Whether the revisional court should interfere with the learned trial judge's rejection of the petitioner-defendant's application under section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887.

¶12

Court's answer

The application filed by the petitioner-defendant was a vague application, and the petitioner had not stated anything with regard to the amount at which the suit should be valid.

¶10

Ratio / Principle

This court holds that the trial judge was right in rejecting the application.

¶11

Key takeaways

This court is not inclined to interfere with the order of the learned trial judge.ratio¶12
The dismissal of the application shall not prevent the petitioner from filing an appropriate application in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Civil Revisional Jurisdiction, High Court at Calcutta - CO No.1797 of 2025 (Sri Tapan Saha, petitioner-defendant v. Smt Lipika Saha), decided 21-05-2025 by Hiranmay Bhattacharyya, J. The order impugned was the trial judge's rejection of the petitioner-defendant's application under section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887. Going through the materials on record, this court found the application vague, observing that the petitioner had not stated anything with regard to the amount at which the suit should be valid; it held that the learned trial judge was right in rejecting the application and was not inclined to interfere with his order. CO No.1797 of 2025 was accordingly dismissed, with the clarification that the dismissal shall not prevent the petitioner from filing an appropriate application in accordance with law. Parties were directed to act on the server copy downloaded from the official website of the court; certified copies to be made available if applied for.

Tapan Saha v. Lipika Saha

Case brief

What is this about?

What did the court decide?

Tapan Saha v. Lipika Saha

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

Statutes considered

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