ALAUDDIN KHA @ KHAN Vs. BADRUDDIN KHA @ KHAN

JUDGEMENT

(1.) Re: CAN 6368 of 2015

(2.) There was 92 days delay in filing this appeal. Reason for the delay has been explained by the appellant in this application.

(3.) It is stated therein that being aggrieved by and dissatisfied with the order dated 2nd December, 2014 passed by the learned Civil Judge, Senior Division, Arambagh, Hooghly in Title Suit no.55 of 2011, the appellant herein filed a revisional application before this Hon'ble Court. The said revisional application which was registered as C.O.884 of 2015, was ultimately dismissed by the learned Single Judge of this Court on 17th March, 2015 by holding that the revisional application is not maintainable as the order which was challenged in this said revisional application, was appellable under order 43 Rule 1(r) of the Code of Civil Procedure. Thereafter the appellant again applied for the certified copy of the order which is under challenge in this appeal and immediately on receipt of the certified copy of the said order, the instant appeal was filed before this Court on 5th June, 2015.