Sri Asit Ranjan Dey @ De vs Smt. Susmita Dey
2021 Latest Caselaw 2617 Cal

   9.
7.04.2021

S.D.

C.O. 830 of 2021

Sri Asit Ranjan Dey @ De Vs.

Smt. Susmita Dey

Mr. Gourab Ghosh ..For the Petitioner.

This is an application under Section 24 of the Civil

Procedure Code for transfer of the Misc Case No. 41 of 2019

arising out of Title Suit No. 91 of 2011 pending before the learned

Civil Judge (Jr. Division) 1st Court at Barasat, North 24-Parganas

to any Court of the District Judge, South 24-Parganas.

It is submitted that the petitioner had filed a suit for

eviction against the opposite party and the suit was decreed ex

parte by the Civil Judge (Jr. Division), Baruipur. The opposite

party filed a Misc. Case being No. 4 of 2017 for setting aside the ex

parte judgment under the provision of Order IX rule 13 of the

CPC in the said suit. But all of a sudden, the petitioner has come

to learn through a summon received at his end that such Misc.

Case was transferred to the Court of Barasat, North 24-Parganas

and is renumbered as Misc. Case No. 41 of 2019.

The petitioner is directed to issue notice upon the opposite

party along with a copy of the application with annexure within

two weeks from date with further direction to the petitioner to

file affidavit of service on the returnable date.

In the meantime, let there be an interim order of stay of all

further proceedings in Misc. Case No. 41 of 2019 pending in the

Court of learned Civil Judge (Jr. Division), 1st Court at Barasat,

North 24-Parganas for a period of six weeks.

List the matter four weeks hence.

(Shivakant Prasad, J.)