Bijan Kumar Mondal v. Bistu Ghosh And And ANR.

16.03.2026 Item No.51 (DL) Court No.06 AJ.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 110 of 2026 < Sri Bijan Kumar Mondal -Vs- Sri Bistu Ghosh & Anr.

Mr. S. Banerjee.

....for the petitioner.

Mr. Siva Prasad Ghosh, Mrs. Neha Roy, Mr. S. Sahoo.

.....for the opposite parties.

1.

This revisional application seeks expeditious disposal of Misc. Case No. 28 of 2013 pending before the learned Civil Judge (Junior Division), 2nd Court at Barrackpore.

2.

Learned Advocate appearing for the petitioner submits that the aforesaid Misc. Case has been filed under Section 8 of the West Bengal Land Reforms Act, 1955 and the same has been pending since 2013.

3.

Mr. Ghosh, learned Advocate appearing for the opposite parties submits that the opposite parties have filed an application for amendment of written statement under Order VI Rule 17 of the Code of Civil Procedure, 1908 which is also pending. It is further submitted that an application for rejection of plaint under Order VII Rule 11 of the

Code has also been filed by the opposite parties which too is still pending.

4.

Learned Advocate appearing for the petitioner has drawn the attention of this Court to an order dated June 22, 2023 passed in C.O. 508 of 2023 whereby a co-ordinate Bench of this Court had directed the learned Trial Court to dispose of Misc. Case No. 28 2013 within a period of fix months from the next date fixed peremptorily without granting any unnecessary adjournment to either of the parties. He submits that despite such order, the case has still not been disposed of.

5.

Heard learned Counsel appearing for the respective parties and considered the material-onrecord. 6.

As regards the application for amendment under Order VI Rule 17 of the Code, the petitioner shall file its written objection to the same within a fortnight from date.

7.

The learned Trial Court shall thereafter dispose of the said application as expeditiously as possible preferably within a period of three months from the next date fixed.

8.

As it has been submitted by the learned Advocate appearing for the petitioner that the petitioner has already filed written objection to the application under Order VII Rule 11 of the Code filed

by the opposite parties, therefore the learned Trial Court shall take up the said application under Order VII Rule 11 of the Code and shall dispose of the same as expeditiously as possible preferably within three months from the next date fixed.

9.

Needless to mention that if the application under Order VII Rule 11 is allowed, the Misc. Case would itself get disposed of, however, if the said application under Order VII Rule 11 fails then the learned Trial Court shall endeavour to dispose of the Misc. Case No. 28 of 2013 pending before it without granting any unnecessary adjournment to either of the parties preferably within one year from the date of rejection/dismissal of the said application under Order VII Rule 11 of the Code.

10. C.O. 110 of 2026 stands disposed of. No costs.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Om Narayan Rai, J.)