PRABIR MITRA Vs. DUTTA GUPTA AND OTHERS

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being Order No. 2 dated 20th December, 2014 passed by the learned Civil Judge (Senior Division), 7th Court at Alipore in Money Execution Case No. 1 of 2001.

(2.) By the impugned order the appellant's application under Order XXI Rule 58 of the Code of Civil Procedure was rejected on contest without cost. By the said order the miscellaneous case being Misc. Case No. 27 of 2002 filed by the respondent no. 3 was also dismissed with cost of Rs. 10000/- by holding that the same has now become infructuous. Challenging the legality of the said order the appellant, Prabir Mitra has come before this Court with this miscellaneous appeal.

(3.) Let us now consider the legality of the impugned order in the facts of the present case.