DEPALI MAITY Vs. KALIPADA MAITY
HIGH COURT OF CALCUTTA
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Amitava Lala, J. -
(1.)This is a revisional application under Sec. 115 of the Code of Civil Procedure along with the application for condonation of delay being CAN No. 721 of 2002. Delay is of 30 days. The ground of delay is self-explanatory. However, the Court is pleased to convince about delay and condoned the same. So far the order impugned is concerned, I find in an application for appointment of hand writing expert in Matrimonial Suit being Mat Suit No. 82 of 1998, the Ld. Additional District Judge was pleased to hold the view that since the manufacture of signature, if any, is in connection of maintenance case under Sec. 125 of the C.P.C. pending before the Ld. S.D.J.M., Uluberia, the appropriate forum for adjudication of the dispute is such Court where the execution case is pending. Thereby the application was rejected.
(2.)So far my knowledge goes in respect of deciding the matter on merit either one has to accept; or reject the view as taken in the application. It is entirely open for a litigant to go before an appropriate forum for the purpose of approaching the same for redressal of grievance. The Court in hearing the interlocutory application arising out of a suit cannot sit in an advisory jurisdiction by holding a view that the S.D.J.M. Uluberia is the appropriate forum for adjudication. In a Matrimonial suit there are certain consequential aspects. Such consequential aspects are to be considered by the Court where the suit is pending. A Court cannot pass the matter to a different Court to adjudicate the same as if the same is an alien before the Court taking the Matrimonial suit. Either the Court will accept the submission of the petitioner or directly reject. Thereafter it will be open for the parties to go before an appropriate Court in accordance with law. Although a point was taken by the ld. Counsel appearing for the respondent that subsequent to the amendment of the Civil Procedure Code, there is no scope of hearing the revisional application arising out of final order. I convert this application into an application under Art. 227 of the Constitution and set aside the", order passed by the ld. Additional District Judge, 4th Court, Howrah subject to payment of Court fees within a period of 7 days from this date. Accordingly, the revisional application stands disposed of.
(3.)It is expected that the concerned Court will hear out and dispose of this application preferably within a period of one month from the date of communication of this order.
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