22.07.2026 Item No.02 (DL) Court No.07 AJ. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 1829 of 2026 < Sekh Mahamadul Hasan -Vs- Pravash Hazra & Ors. Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury, Mr. Avijit Chatterjee. …..for the petitioner. 1. This matter has been assigned to this Bench by the Hon’ble the Acting Chief Justice. 2. This revisional application assails an order dated May 15, 2026 whereby the petitioner’s application under Order XXXIX Rule 4 read with Section 151 of the Code of Civil Procedure, 1908 has been rejected by the learned Trial Court. 3. An order rejecting or allowing an application under Order XXXIX Rule 4 of the Code is appealable under Order XLIII Rule 1(r) of the Code. 4. In such view of the matter, C.O. 1829 of 2026 is not maintainable. 5. Accordingly, C.O. 1829 of 2026 is dismissed with liberty to the petitioner to approach the appropriate forum in accordance with law. 6. The petitioner shall be entitled to take back the certified copy of the order impugned in this revisional application upon furnishing a photostat 2 copy thereof duly countersigned by the learned Advocate-on-record for the petitioner. 7. Since this revisional application had been filed within a period of 30 days from the date of the order impugned, therefore, the petitioner will be entitled to exclusion of the period during which the revisional application remained pending before this Court in terms of the provisions of Section 14 of the Limitation Act. 8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)