Item- 30. sg 09-07-2026 Ct. 6 CO 2063 of 2026 Sumi Chaudhury Versus Subhasree Mukherjee & Anr. Mr. Sagnik Chatterjee Mr. Sayan Mukherjee …for the petitioner Mr. Bodhisatta Biswas …for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the first defendant being aggrieved by the order dated April, 30, 2026 passed by the Learned Additional District Judge, 10th Court at Alipore in O.S. No. 3 of 2022. By the order impugned, the application under Order 26 Rule 1 of the Code of Civil Procedure stood dismissed. Mr. Chatterjee learned Advocate appearing for the petitioner submits that after the impugned order was passed, the petitioner filed an application under Section 151 of the Code of Civil Procedure annexing certain medical documents in support of the medical condition of Mrs. Reena Sanyal. He submits that subsequent thereto, the petitioner has decided to challenge the impugned order before this Court and for such reason in paragraph 12 of the civil revisional application it has been specifically stated that the petitioner will proceed with the application under Article 151 of the Code of Civil Procedure. The learned Advocate appearing for the opposite parties submits that no prescription or test report in support of the physical condition of Mrs. Reena Sanyal was produced except the medical certificate. He submits, on instruction, that the opposite parties are disputing the correctness of the fact stated in the said certificate. He further submits that no document in support of any pathological examination being conducted for the purpose of arriving at a conclusion by the Doctor as indicated in the medial certificate, has been disclosed with the application under Order 26 Rule 1 of the Code of Civil Procedure. Faced with such situation, the learned Advocate appearing for the petitioner submits that some documents in support of the physical condition of Mrs. Sanyal were filed along with the application under Section 151 of the Code of Civil Procedure. He submits that the petitioner is in possession of several other documents in support of the present physical condition of Mrs. Sanyal. Mr. Chattejee, learned Advocate appearing for the petitioner, on instruction, submits that in the meantime, the application under Section 151 of the Code of Civil Procedure has been dismissed as not pressed. He submits that Mrs. Reena Sanyal is not able to move out of her residence and there are medical reports and documents in support of the medical certificate. The learned Advocate appearing for the opposite parties seriously disputes the present physical condition of Mrs. Sanyal. In the light of the submissions made by the learned Advocate for the respective parties, this Court feels that a further opportunity should be given to the petitioner to file the application under Section 151 of the Code of Civil Procedure disclosing prescription of doctors, reports of pathological examination etc. in support of the present 2 physical condition of Mrs. Sanyal In view thereof, this civil revisional application stands disposed of by giving liberty to the petitioner to file an application under Section 151 praying for modification of the impugned order. It is, however, made clear that this Court has not gone into the merits of the impugned order and all points are left open to be considered and decided by the learned Trial Judge on the application under Section 151 of the Code of Civil Procedure disclosing prescriptions of doctors, reports of pathological examination etc. in support of the present physical condition of Mrs. Sanyal. It will be open to the respective parties to produce materials in support of their respective contentions before the learned trail judge at the time hearing of the said application. The learned Advocate for the opposite party submits that the opposite party shall not raise any objection as to the maintainability of the said application on the ground that the earlier application has been dismissed as not pressed. If such an application is filed, the learned Trial Judge shall consider the same and pass order accordingly. The affidavit-in-opposition on behalf of the opposite party filed in Court is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requite formalities. (Hiranmay Bhattacharyya, J.) 3