Anil Adhikary and Others v. South Sunderban Institute of Higher Education and Others
Case brief
What is this about?
FMA 514 of 2026, Anil Adhikary and Ors. v. South Sunderban Institute of Higher Education and Ors., decided 07.05.2026, bench Sabyasachi Bhattacharyya and Biswaroop Chowdhury, JJ. Maintainability of appeal against rejection of application under Section 92 read with Section 151, CPC seeking dismissal of respondents' suit under Section 92 of the Code of Civil Procedure; dismissal of such maintainability application held not appealable under any provision of law; appeal dismissed as not maintainable; liberty granted to prefer properly constituted challenge before the Court having determination; certified copy returnable on furnishing photocopy; merits left open to revisional/appropriate Court; CAN 1 of 2026 disposed; no order as to costs.
What did the court decide?
Appeal dismissed as not maintainable; liberty to the appellants to prefer a properly constituted challenge against the impugned order before the Court having determination; liberty to the learned advocate-on-record for the appellants to take back the certified copy of the impugned order upon furnishing a photocopy for the records; no order as to costs.