Citation : 2022 Latest Caselaw 1821 Cal
Judgement Date : 6 April, 2022
22 06.04.
AG 2022
M/R
KB C.O. 681 of 2022
Ct
07 Bikash Chandra Saha & Anr
Vs
Ramit Singh & Ors
Sk. Md. Bilwal Hossain, ... For the petitioners.
A direction to secure expeditious disposal of two
interlocutory petitions; one for amendment under Order
6 Rule 17 of the Code of Civil Procedure and another
for judgment on admission under Order 12 Rule 6 of
the Code of Civil Procedure, is the ultimate relief in this
revisional application.
Admittedly, the suit has been instituted in the
year 2014.
The prayer for amendment, according to learned
advocate for the petitioners has been filed by the
plaintiffs/opposite parties, while the prayer for
judgment on admission under Order 12 Rule 6 has
been filed by the petitioners/defendants.
It is contended by the learned advocate for the
petitioners that those two interlocutory applications are
pending since long, and have to be disposed of
expeditiously.
In view of the nature of the order proposed to be
made, no prior notice upon the opposite parties is
considered to be necessary.
The service upon the opposite parties is thus
dispensed with.
Accordingly, learned Civil Judge (Senior Division),
1st Court, Chinsurah, Hooghly in Title Suit No. 83 of
2014 is requested to ensure expeditious disposal of
pending interlocutory applications, referred
hereinabove, providing sufficient opportunity of hearing
to either of the parties to this case, but without
granting unnecessary adjournments, unless it is
extremely unavoidable.
While endeavouring such exercise, the year of
institution of the suit may also be taken into account,
and the learned Court below may proceed with the
disposal of the pending interlocutory applications in the
manner, as situation of the case would demand, so as
to dispense with the justice in a best possible manner.
Petitioners are directed to make communication of
this order to the learned Court below as well as to the
learned advocate appearing for the opposite parties in
the Court below and the opposite parties also.
With this observation and direction, the revisional
application stands disposed of.
Urgent photostat certified copy of this order be
given to the learned advocates for the parties on the
usual undertakings, if applied for.
(Subhasis Dasgupta, J)
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