MOSAMMAT SIYADA KHATUN Vs. SAIYERA MANU

JUDGEMENT

(1.) This revisional application is arising out of an order dated 7th November, 2006 passed by the Appellate Court, namely, the Court of Additional District Judge, 2nd Court at Arambagh in Misc. Appeal No. 1 of 2005, by which the said Appellate Court has reversed the order passed by the learned Civil Judge (Junior Division), 2nd Court at Arambagh.

(2.) It appears that by the order dated 30th November, 2004 learned Trial Judge allowed an application filed by the petitioner herein under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as the CPC) and thereby the decree was set aside.

(3.) Against the said order instead of preferring the revisional application, an appeal was preferred. It does not appear from the record any objection was taken on behalf of the petitioner regarding maintainability of the appeal, although under Order 43 Rule 1(d) of the CPC the said order is revisable and not appellable.