AMRIT VYAPAAR Vs. PARIMAL KUMAR

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been preferred against the impugned order no. 9 dated September 30, 2023 passed by the learned District Judge, Jalpaiguri in Misc. Appeal No. 58 2023 in connection with Title Suit No.428 of 2023. By the impugned order learned Court admitted the aforesaid Misc. Appeal for hearing, inspite of objection raised by the petitioner against admission.

(2.) Petitioners' case in brief is that opposite party herein has instituted aforesaid Title suit being no. 428 of 2023, along with temporary injunction application before the Trial court. Said application for temporary injunction was moved by the plaintiff/opposite party herein and upon hearing the said application, learned judge by an order dtd. 25/7/2023 was pleased to reject the prayer for injunction.

(3.) It is alleged that the opposite party herein being aggrieved by the said order preferred aforesaid Misc. Appeal which was not accompanied by a copy of judgment in violation of order XLI, Rule 1 of Code of Civil Procedure (hereinafter called as code) on 1st before learned District Judge, Jalpaiguri August, 2023. It is further alleged by the petitioner herein that the opposite party had inserted the certified copy of the impugned order dtd. 25/7/2023 directly into the records of aforesaid Misc. Appeal without any order granting leave by the learned appellate court.