Prabha Surana vs Smt. Sudha Kankaria And Anr
2021 Latest Caselaw 374 Cal/2

OD-14

                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                ORIGINAL SIDE



                                APOT/58/2021
                               WITH CS/21/2021

                               IA NO: GA/1/2021

                             PRABHA SURANA
                                   VS.
                      SMT. SUDHA KANKARIA AND ANR.
                                 ............

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI AND The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 9th April, 2021.

[VIA VIDEO CONFERENCE]

Mr. Amritam Mondal, Mr. Anil Chowdhury, Advs...for appellant.

Mr. Subrata Goswami, Mr. Debrup Bhattacharjee, Advs...for respondents.

The Court : Very often to obtain quick relief the parties annoy the court.

It has happened in this case. Sheer anxiety and overzealousness in making

submissions has resulted in an order more unfavourable to a party than it

ought to have normally been.

It appears from the recording of facts in the impugned order dated 9th

March, 2021 that learned counsel wanted disposal of the judgment upon

admission application at the motion stage. He also wanted orders under Order

XXXVIII rule 5 of the Civil Procedure Code at that stage when the facts of the

case warranted that the case of the appellant/plaintiff ought to be more

properly considered on affidavits.

Mr. Mondal submits that submissions were not made exactly in that

way.

The judgment upon admission application was dismissed by the learned

single judge.

Having regard to the facts of the case, the interest of the litigants

involved and the ends of justice we only set aside that part of the order

disposing of the application, IA NO: GA/1/2021. The application is to be

heard out on affidavits. Time to file the same is extended in the following

manner.

Affidavit in opposition by 28th April, 2021; affidavit in reply by 7th May,

2021.

It is to be taken that the prayer for an interim order was refused by the

learned trial judge.

Both the appeal and the stay application are disposed of after

dispensing with all formalities.

                                                        (I.    P. MUKERJI, J.)




                                                        (MD. NIZAMUDDIN, J.)




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