Anil Adhikary and Others v. Barasat Ams Educational Welfare Trust and Others
Case brief
What is this about?
Anil Adhikary and Ors. v. Barasat AMS Educational Welfare Trust and Ors., FMA 513 of 2026 with CAN 1 of 2026, decided 07.05.2026 (Sabyasachi Bhattacharyya, J. and Biswaroop Chowdhury, J.). Appeal against rejection of a Section 92/151 CPC application seeking dismissal of respondents' suit under Section 92 CPC held not maintainable; appellants given liberty to file properly constituted challenge; merits expressly not entered; no costs.
What did the court decide?
FMA 513 of 2026 dismissed as not maintainable; liberty given to the appellants to prefer a properly constituted challenge against the impugned order before the Court having determination; advocate-on-record permitted to take back the certified copy of the impugned order upon furnishing a photocopy; CAN 1 of 2026 consequentially disposed of; no order as to costs. ¶10