Seema Saha v. Sudeep Saha

ORDER Date : 08.05.2024

¶1None appears on behalf of the Appellant on call.

¶2From a perusal of the appeal memo, it reveals that the appeal is directed Page No.# 2/2 against an order dated 29.04.2023 passed in Misc. (J) Case No.142/2022 by the Court of the learned Civil Judge, Barpeta whereby the application so filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 for rejection of the plaint was rejected.

¶3It is relevant to take note of that no appeal lies against an order rejecting an application seeking rejection of the plaint. Under such circumstances, the instant appeal stands dismissed as not maintainable.

¶4It is made clear that the dismissal of the instant appeal as not maintainable shall not preclude the Appellant to avail such other remedies as available under law, if otherwise permissible.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010168462023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/52/2023 SEEMA SAHA D/O LATE BAIDYANATH SAHA ALIAS DULU SAHA, VILL.- DUMUNI BAZAR, MOUZA- CHAIRAIMARI, P.O. AND P.S.- DUMNI, DIST.- BAKSA (BTAD), ASSAM, PIN- 781372. VERSUS SUDEEP SAHA S/O LATE NEDHULAL SAHA, R/O BARPETA ROAD TOWN, BABUPARA, WARD NO. 7, P.O. AND P.S.- BARPETA ROAD, DIST.- BARPETA, ASSAM- 781315. For the Petitioner(s) : None appears. For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH