Sri Nagendra Lal Dhar vs Smt. Shanati Devi Mantry
2021 Latest Caselaw 5003 Cal

57,DL,Ct.18 23.09.2021 AJ.

C.O. 1656 of 2021 (Through Video Conference)

Sri Nagendra Lal Dhar

-Vs-

Smt. Shanati Devi Mantry

Mr. Tapan Sil.

... for the petitioner.

of 2019 pending before the learned Civil Judge

(Junior Division) at Bidhannagar, District 24-

Parganas (North) is the petitioner of the present

revisional application under Article 227 of the

Constitution of India.

The petitioner complains that the learned

Trial Judge is not proceeding with the suit ex-

parte against the defendant even when the

defendant has failed to file the written statement

within the period prescribed under Order VIII

Rule 1 of the Code of Civil Procedure.

The petitioner prays for a direction upon

the learned Trial Judge for ex-parte expeditious

disposal of the said suit.

The plaintiff/petitioner is always at liberty

to apply before the learned Trial Judge for

pronouncement of judgment under Order VIII

Rule 10 of the Code for the failure of the

defendant to file written statement within the time

prescribed under Order VIII Rule 1 thereof;

therefore, the direction as prayed for, at this

stage, is not warranted.

C.O. 1656 of 2021 is disposed of with the

above observation without any order as to costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)