- (1.) This revisional application is directed against the order of the Learned Additional District and Sessions Judge, Fast Track Court, Serampore in connection with Order No. 40 dated 30.03.2015 by which the Learned Additional District Judge, Fast Track Court, has dismissed the judgment passed by the Learned Civil Judge, Junior Division, Fast Track Court, at Serampore.
(2.) Feeling aggrieved and dissatisfied with the said impugned order of the Learned Additional District Judge, Fast Track Court, the present petitioner has come before this forum with a prayer to set aside the impugned order of the Learned Additional District Judge, Fast Track Court at Serampore. According to him, Learned First Appellate Court totally ignored the factual and legal aspects that on the death of the sole petitioner in the Learned Court below, the power of attorney holder has become ceased and that he had no right to proceed with the said matter. Besides, that the appeal was preferred on behalf on a dead person which is not at all maintainable because before preferring the appeal original petitioner Ayesa Khatoon died, who had allegedly executed a power of attorney in favour of one Kazi Abdul Gaffar. This apart, he contended that without disposal of the substitution application, the entire proceeding before the Learned First Appellate Court is absolutely illegal.
(3.) Ventilating his such grievances he has prayed for setting aside the order of the Learned First Appellate Court. From the submission of the Learned Counsel appearing on behalf of the petitioner it appears that there was a technical mistake on the part of the Learned Civil Judge, Junior Division, First Court, at Serampore that without disposal of the substitution petition the said Court proceeded with the case and as a result the order was passed against a dead person.;