Harish Chandra Jaiswal vs Ram Chandra Shaw And Ors
2023 Latest Caselaw 1762 Cal/2

OD-39
                               ORDER SHEET

                             CS/123/2019
                 IA No. GA/2/2020 (Old No.GA/584/2020)

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

                       HARISH CHANDRA JAISWAL
                                 VS
                     RAM CHANDRA SHAW AND ORS.


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : July 31, 2023.

Appearance:

Mr. S. E. Huda, Adv.

Mr. Sk. Aptabuddin, Adv.

Mr. M. Roy, Adv.

...for the plaintiff

Mr. Meghnad Dutta, Adv.

Mr. Arindam Paul, Adv.

...for the defendants

The Court: Counsel for the respective parties are present.

By an order dated 30th June, 2023 this Court granted leave to the

counsel for the defendant nos. 1 and 2 to file their written statement which

was affirmed on 30th September, 2019 within a week from the date of order.

The Master and Official Referee of this Court has submitted the report

dated 20th July, 2023 wherein it is mentioned that though this Court has

granted leave to the defendant nos.1 and 2 to file their written statement but

till 12th July, 2023 the defendant nos. 1 and 2 have not filed their written

statement.

Counsel for the defendant nos. 1 and 2 submits that the advocate-on-

record of the defendant nos. 1 and 2 has submitted the written statement

affirmed on 30th September, 2019 but the department has not accepted on

the ground that only defendant no.1 has signed in the written statement

and in the affidavit portion it is mentioned that he is competent to make and

affirm the affidavit on behalf of the defendant no.2 also but there was no

competency.

Counsel for the defendant nos.1 and 2 prays for leave to file the

affidavit of competency on behalf of the defendant no.2 within a week from

date.

In view of the submission made by the counsel for the defendant nos.1

and 2, leave is granted to file affidavit-of-competency stating that on 30th

September, 2019 the defendant no.2 has given the authorization and the

defendant no.1 was competent to make the affidavit in the written statement

on behalf of the defendant no.2 within a week from date.

If the defendant nos. 1 and 2 will file affidavit of competency along with

the written statement dated 30th September, 2019, the department is

directed to accept the said written statement.

Counsel for the plaintiff submits that plaintiff has filed an application

being GA/2/2020 (Old No.GA/584/2020) for judgment on admission and

submits that pleadings have been completed and the same can be listed for

hearing.

In view of the submission made by the counsel for the respective

parties, let the matter appear on 11th August, 2023.

(KRISHNA RAO, J.)

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