High Court at Calcutta Allows Modification Application in Civil Proceedings — Court sets timeline for affidavits and future hearing. Court emphasized adherence to procedural requirements for modifications in civil cases.

High Court: Calcutta High Court
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Case Note & Summary

The case involved an application for modification of a previous court order dated 29th February, 2024, filed by Syed Asgar Hossain, the proprietor of M/S Sana Construction. The application was presented before the High Court at Calcutta, where the petitioner sought specific modifications along with additional prayers. The court directed that an affidavit of opposition be filed within one week, allowing the opposing party to respond, and set a date for the matter to be heard again on 11th December, 2024. The court's decision emphasized the importance of following procedural requirements in civil litigation, particularly regarding the submission of affidavits. The judge, Sugato Majumdar, presided over the matter, ensuring that the necessary steps were outlined for the parties involved.

Headnote

A) Civil Procedure - Modification of Orders - Request for Modification - Code of Civil Procedure, 1908 - The petitioner sought modification of a prior order, necessitating the filing of affidavits in opposition and reply. The court scheduled the matter for further hearing, indicating the procedural steps to be followed. Held that the matter would be revisited on the specified date (Paras Not mentioned).

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Issue of Consideration

Whether the order dated 29th February, 2024 should be modified as prayed by the petitioner.

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Final Decision

The court directed that an affidavit of opposition be filed within one week and set the matter for hearing on 11th December, 2024.

Law Points

  • Modification of orders
  • Civil procedure
  • Affidavit requirements
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Case Details

CS/102745/1953

2024-10-25

Sugato Majumdar

Rupak Ghosh, Sarbajit Mukherjee, Sayak Ranjan Ganguly, Srijani Ghosh, Indrani Majumdar, Tapas Kumar Manna, D.K. Kundu, A. Basu

Syed Asgar Hossain

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Nature of Litigation

Civil litigation regarding modification of a court order

Remedy Sought

Modification of the order dated 29th February, 2024

Filing Reason

To seek changes to a previous court order

Previous Decisions

Order dated 29th February, 2024

Issues

Modification of court orders Affidavit submission requirements

Submissions/Arguments

Petitioner sought modification of the previous order Opposing party to file affidavit in response

Ratio Decidendi

The court emphasized the procedural requirements for modifications in civil cases, ensuring that all parties have the opportunity to respond appropriately.

Judgment Excerpts

GA No. 17 of 2024 is filed by one Syed Asgar Hossain, proprietor of M/S Sana Construction praying for modification of the order dated 29th February, 2024 along with other prayers. Let the matter appear in the list on 11th December, 2024.

Procedural History

The application for modification was filed, and the court set timelines for affidavits and future hearings.

Acts & Sections

  • Code of Civil Procedure, 1908:
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