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2026 DAILYLAW 40282 (CAL)

TAPAN KUMAR MITRA v. SEKHAR MITRA

CO/3045/2026 · 2026-09-10

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 10.09.2026 (AD 15) (S. Banerjee) CO 3045 of 2026 Tapan Kumar Mitra Vs. Sekhar Mitra Mr. Kaushik De Ms. Arunima Lala Mr. Anshuman Bhattacharya …for the petitioner Mr. R. Mahata …for the opposite-party By the order impugned the learned trial judge dismissed the title suit for default after recording that the person named in the plaint as plaintiff, does not want to proceed with the suit. Such an order has been challenged before this Court under Article 227 of the Constitution of India. Though the name of the plaintiff is being taken but the affidavit has been affirmed by the wife claiming to be the representative of the petitioner without disclosing the nature of such representative capacity and also that the Vakalatnama was executed by the wife in her own name. For such reason this Court is not inclined to entertain any challenge in this application by taking the name of Tapan Kumar Mitra. 2 This civil revision application accordingly stands dismissed. At this stage Mr. De, learned advocate appearing for the petitioner submits that liberty be given to the petitioner to take appropriate steps before the learned trial judge. It is, however, made clear that this order shall not preclude Mr. Tapan Kumar Mitra from taking appropriate steps in accordance with law. (Hiranmay Bhattacharyya, J.)