Chandan Singh v. Buchia Choudhury

29.02.2024 Ct. No. 19 Sl. No.51 Cp C.O. No. 37 of 2024 Chandan Singh Vs.

Buchia Choudhury Mr. Debasis Kar .....for the petitioner.

The petitioner/plaintiff prays for expeditious disposal of the Title Suit No. 176 of 2012 along with one application, which is pending before the learned Civil Judge (Junior Division), 1st Court at Barrackpore. It is submitted that the suit is at the stage of evidence and an application for repair has been filed by the opposite party.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court to dispose of the said application within one month from the next date fixed. Upon disposal of the said application, the suit shall be expedited and disposed of within six months thereafter.

Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the application and the suit. The learned court shall proceed independently and in accordance with law. A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)