Ajoy Kumar Chandra vs Sm. Sukla Pal & Ors
2022 Latest Caselaw 2602 Cal

34    06.05.
 AG   2022
M
 Ct                                 C.O. 991 of 2022

                                  Ajoy Kumar Chandra
                                           Vs
                                   Sm. Sukla Pal & Ors

               Mr. Sandip Das,                  ... for the petitioner.

A direction to secure expeditious disposal of

Misc Case No. 7 of 2021 arising out of Title Suit No.

187 of 2015 of learned Civil Judge (Senior Division),

5th Court, Alipore, is the ultimate relief sought for in

this case.

Admittedly, the misc case is at the matured

stage and it is under Order 22 Rule 9 for setting aside

the abatement.

Learned advocate for the petitioner is very

candid in his submission that an application for

amendment under Order 6 Rule 17 of the CPC is also

pending for decision.

As per submission disclosed, the date of

delivery of judgment of Misc case has already been

fixed.

That being the position, no other point is raised

requiring address by this Court.

In view of the nature of the order proposed to

be made in the case, no prior notice is considered to

be necessary.

Service upon the opposite parties is thus

dispensed with.

Accordingly, learned Civil Judge (Senior

Division), 5th Court, Alipore in Misc Case No. 7 of

2021 arising out of Title Suit No. 187 of 2015 is

requested to ensure expeditious disposal of the

pending misc case, referred hereinabove, providing

sufficient opportunity of hearing to either of the

parties to this case, but without granting

unnecessary adjournment, unless it is extremely

unavoidable.

This would not, however, prevent the Court

below to ensure expeditious disposal of the pending

interlocutory application for amendment after

causing disposal of the misc case, mentioned

hereinabove.

Petitioner is directed to make communication of

this order to the learned court below as well as to the

learned advocate appearing in the court below for the

opposite parties and the opposite parties.

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of the order, if

applied for, be given to the parties on usual

undertakings.

(Subhasis Dasgupta, J)