Sukumar Ghosh and Ors. Vs Sanchayita Ghosh and Ors. — Calcutta HC (2025) — LawSathi Research

Sukumar Ghosh and Ors. Vs Sanchayita Ghosh and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CAN 1 of 2025 disposed of by modifying paragraph 11 of the judgment and order dated November 24, 2025, remanding Misc. Appeal No. 3 of 2024 to the learned Additional District Judge, Fast Track Court, Siliguri, Darjeeling, with a request to hear and dispose of it as expeditiously as possible.

Issue for consideration

Whether paragraph 11 of the judgment and order dated November 24, 2025, remanding Misc. Appeal No. 3 of 2024 to the Additional District Judge, First Court, Siliguri, Darjeeling, should be modified to correct the remand forum to the Additional District Judge, Fast Track Court, Siliguri, Darjeeling. +1 more

Court's answer

Paragraph 11 of the judgment and order dated November 24, 2025 is modified by remanding Misc. Appeal No. 3 of 2024 to the learned Additional District Judge, Fast Track Court, Siliguri, Darjeeling, with the request to hear and dispose of such appeal as expeditiously as possible.

Ratio / Principle

The points raised with regard to the validity of the suit are kept open to be considered and decided by the appropriate forum; the Court is not concerned with them at this stage.

Detailed headnote1 paragraphs

Calcutta High Court (Circuit Bench at Jalpaiguri), C.O. 206 of 2025 (Debangsu Basak, J.; order dated 6.01.2026): CAN 1 of 2025 in the revisional application sought modification of paragraph 11 of the judgment and order dated November 24, 2025, whereby Misc. Appeal No. 3 of 2024 had been remanded for fresh hearing to the Additional District Judge, First Court, Siliguri, Darjeeling owing to a bona fide mistake, whereas the appeal is actually pending before the Additional District Judge, Fast Track Court, Siliguri, Darjeeling. The Court modified paragraph 11 accordingly, remanding Misc. Appeal No. 3 of 2024 to the Additional District Judge, Fast Track Court, Siliguri, Darjeeling with a request to hear and dispose of it as expeditiously as possible, and disposed of CAN 1 of 2025 accordingly. Objections raised by the opposite party regarding the validity of the suit were not entertained and were kept open to be considered and decided by the appropriate forum.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CIVIL REVISIONAL JURISDICTION

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6.01.2026 S.D.

Ct. No. 01

C.O. 206 of 2025

Sri Sukumar Ghosh & Ors. Vs.

Smt. Sanchayita Ghosh & Ors. With CAN 1 of 2025

Mr. Sandip Mandal

Mr. Amit Saha

Ms. Poonam Kaur

…For the petitioners

Dr. Navin Barik

Ms. Esha Acharya

Mr. Rimik Chakraborty

…For the respondent

CAN 1 of 2025 is an application at the behest of the revisional application seeking modification of paragraph 11 of the judgment and order dated November 24, 2025 passed in the revisional application.

Learned advocate appearing for the revisional application submits that while remanding the Misc. Appeal No. 3 of 2024 for fresh hearing, the same was made to the learned Additional District Judge, First Court, Siliguri, Darjeeling while it should be

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to the learned Additional District Judge, Fast Track Court, Siliguri, Darjeeling.

Learned advocate appearing for the opposite party raised various objections with regard to the validity of the suit.

At this stage, the Court is not concerned with the points raised with regard to the validity of the suit. Such points are kept open to be considered and decided by the appropriate forum.

The limited extent of the present application under consideration is a bona fide mistake while directing remand.

While remanding by the judgment and order dated November 24, 2025, Court directed the Misc. Appeal No. 3 of 2024 to be heard and decided by the Additional District Judge, First Court, Siliguri, Darjeeling. Court is informed that the Misc. Appeal No. 3 of 2024 is actually pending before the learned Additional District Judge, Fast Track Court, Siliguri, Darjeeling. Consequently, paragraph 11 of the judgment and order dated November 24, 2024 is modified by remanding Misc. Appeal No. 3 of 2024 to the learned Additional District Judge, Fast Track Court, Siliguri, Darjeeling with the request to hear and dispose of such Misc. Appeal No. 3 of 2024 as expeditiously as possible.

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CAN 1 of 2025 is disposed of accordingly.

( Debangsu Basak, J. )