SHARMILA SENGUPTA Vs. DEEPANKAR SEN

JUDGEMENT

(1.) The impugned order dtd. 19/2/2022, by the learned Civil Judge, rejects the application preferred by the petitioner, who was one of the plaintiffs, before the Ld. Civil Judge, under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (CPC), which sought the appointment of a Court Commissioner to conduct the elections of the Durgabari Society.

(2.) It is not necessary, in view of what has been observed in para 15 of the impugned order, to enter into the niceties of the disputes between the parties. Suffice it to state that the parties appear to be at issue on the strength of the electoral roll, for the purpose of conducting of the elections. In this context, para 15 of the impugned order may be reproduced thus:

(3.) Following the afore-extracted observations in para 15, the learned Civil Judge has, by the impugned order, dismissed the application of the petitioner-plaintiff under Order XXVI Rule 9 of the CPC.