Uco Bank v. Partha De And ANR

06,DL,Ct.18 21.01.2021 AJ.

C.O. 121 of 2021 UCO Bank -Vs- Partha De & Anr.

Mr. Sailesh Mishra.

... for the petitioner.

Mr. Chayan Gupta, Mr. Rittick Chowdhury.

....for the opposite party no.1.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of this application upon the said opposite parties is dispensed with.

The petitioner is the added defendant in the connected suit being Title Suit No. 776 of 2014, pending before the learned Civil Judge (Senior Division) at Serampore, Hooghly.

The petitioner complains that he has filed an application under Order VII Rule XI of the Code of Civil Procedure on October 05, 2020 praying rejection of the plaint of the said suit, but the said application has not yet been disposed of. The nature of an application under Order VII Rule XI of the Code demands expeditious disposal.

The learned Trial Judge is, therefore, directed to dispose of the said application

expeditiously preferably within a period of six weeks from the date of communication of this order if the same is otherwise ready for disposal. The learned Trial Judge to adhere to the time limit fixed by this order for disposal of the said application shall not grant any prayer of the parties for unnecessary adjournment.

C.O. 121 of 2021 is disposed of with the above terms.

There shall be no order for costs.

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

(Biswajit Basu, J.)