Mukesh Jaiswal vs Phool Chand Gupta And Ors
2023 Latest Caselaw 1513 Cal/2

OD-10
                               ORDER SHEET

                              IA No.GA/3/2023
                                     In
                                CS/211/2019

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                           MUKESH JAISWAL
                                 -VS-
                      PHOOL CHAND GUPTA AND ORS.


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : July 5, 2023.

Appearance:

Mr. Aman Baid, Adv.

... for the plaintiff.

Mr. Kuldip Mallik, Adv.

Ms. Labanyasree Sinha, Adv.

Mr. Shiven Ray, Adv.

... for the defendant no.1.

The Court: Counsel for the respective parties are present.

The plaintiff has filed an application being GA/3/2023 praying for

transfer of the suit being CS/211/2019 to the undefended list as the

defendant has not filed written statement within the prescribed time.

Counsel for the defendant handed over the copy of the order passed

by the Appellate Court in APOT/75/2023 dated 4th July, 2023 wherein the

Hon'ble Court has permitted the defendant to file written statement within

three weeks from date, in default, the suit may proceed ex parte against the

defendant.

In view of the judgment passed by the Appellate Court, the

application filed by the plaintiff being GA/3/2023 has become infructuous

and accordingly, GA/3/2023 is dismissed as infructuous.

Copy of the order passed by the Appellate Court be kept with the

record.

(KRISHNA RAO, J.)

RS