AD-16 Ct No.16 23.09.2026 TN FMA 1101 of 2026 IA No: CAN 1 of 2026 Sri Trilochan Bhattacharyya Vs. Smt. Jhumka Bhattacharya Mr. Swapan Kumar Mazumdar, Mr. Saptarshi Mazumder, Ms. Soumili Paul ....for the appellant [ 1. The present appeal has been preferred against an order whereby the appellant’s application under Order VII Rule 11 of the Code of Civil Procedure was rejected. 2. Such an order is not appealable under the Code of Civil Procedure. 3. Accordingly, FMA 1101 of 2026 is dismissed as not maintainable, with liberty to the appellant to prefer an appropriate challenge before the Court having determination. 4. CAN 1 of 2026 is consequentially disposed of as well. 5. Leave is granted to the learned Advocate-on-record for the appellant to take back the certified copy of the impugned order, upon furnishing a photocopy thereof for the records. 6. We must note that we are surprised at the report given by the Stamp Reporter to the effect that the appeal was initially wrongly classified as a regular first appeal but that a first miscellaneous appeal ought to have been preferred, which is in complete ignorance of the provisions of the Code of Civil Procedure. 2 7. The Stamp Reporter should be cautious in future while authoring reports of such nature. 8. There will be no order as to costs. 9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) (Sandip Kumar De, J.)