Bibek Chaudhuri - (1.) A very short question is involved in the instant revisional application under Article 227 of the Constitution of India.
(2.) A Miscellaneous Appeal under the provision of Order 43 Rule 1(r) of the Code of Civil Procedure (hereafter as C.P.C.) was registered in the Court of the learned District Judge, South 24-Parganas at Alipore being Miscellaneous Appeal No. 161 of 2019. It was instituted by the plaintiff of Title Suit No. 781 of 2019. In the said Miscellaneous Appeal, the petitioner came up with an application under Order 39 Rule 1 and 2 of the C.P.C. praying for Ad-interim order of injunction restraining the respondents from receiving further application from prospective candidates for General Committee Election for the year 2019-20 declaring last day for submission of nomination on 16th July, 2019 till the disposal of injunction matter in this appeal and/or to pass such other order or orders as is deemed fit and proper". The learned District Judge, South 24-Parganas was on due notice that caveats were filed by the respondents/opposite parties of the said appeal and accordingly directed the petitioner to serve copy of the application under Order 39 Rule 1 and 2 of the C.P.C. to the caveators/opposite parties fixing the very next day, i.e., on 27th June, 2019 for hearing of the injunction application.
(3.) The order-sheet dated 27th June, 2019 shows that the above-mentioned application under Order 39 Rule 1 and 2 of the C.P.C. was taken up for hearing. It was heard in part and next date was fixed on 10th July, 2019 for hearing. However, the matter could not be taken up for hearing on the next date fixed because due to a resolution taken by the local Bar, the learned Advocates abstained from taking part in conducting cases on 10th July, 2019. The learned District Judge fixed 17th July, 2019 for hearing of the application for ad-interim injunction filed in connection with the said appeal.;