SMT ANURADHA UPADHYAY Vs. M. A. MAJID

JUDGEMENT

(1.) This second miscellaneous appeal is directed against an order being No. 177 dated 7th June, 2014 passed by the learned Judge, 2nd Bench, City Civil Court at Calcutta in Misc. Case No. 12 of 2013. By the impugned order, the appellant's application under Order 21 Rules 99 and 101 of the Civil Procedure Code filed by the appellant was rejected on contest by the learned Trial Judge. Hence, the appellant was aggrieved. She then filed the instant appeal.

(2.) Let us now consider as to whether there is any merit in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) Thereafter, one Arati Upadhyay claiming to be the second wife of Kedarnath Upadhyay filed a suit to establish her tenancy right in respect of the suit premises which she claimed to have inherited from her husband Kedarnath Upadhyay. The said suit was ultimately dismissed for default.