Abu Taher Sk And ORS v. Mokshed Ali Gharami And ORS

02.02.2026 Item No.118 BR CO 417 of 2024 Abu Taher Sk. and Ors.

-vs- Mokshed Ali Gharami & Ors.

Mr. Pankaj Halder, Mr. Tapas Manna, Mr. N. Bera ... for the petitioner Mr. Saptarshi Kumar Kundu, Mr. Raju Das ... for the O.P.

1. The revisional application has been preferred challenging orders dated 19.04.2022 and 22.11.2023 passed by learned 1st Additional, Civil Judge (Jr.

Division ) at Diamond Harbour in T.S. No. 11 of 2015.

2. Vide the impugned order dated 19.4.2022, the learned trial Court considering the show cause filed by defendant no.1, Ka/petitioner rejected the same on recording that the petitioner was not found on repeated calls and admittedly without any hearing Commissioner's report.

3. Vide an order dated 18.7.2022 trial Court accepted

hazira of defendant no., Ka/petitioner and accepted the show cause filed by the petitioner on payment of costs to DLSA, Diamond Harbour and fixed the case for framing of issues.

4. It is submitted that though the order of ex parte hearing was vacated the order accepting the learned Commissioner's report without hearing was not vacated.

5. It is submitted that the said report was accepted without hearing the parties and without considering same as there is no observation made by the trial Court in its order dated 19.4.2022 as to the reason of acceptance of said investigation report.

6. Vide the impugned order dated 22.11.2023 the trial Court rejected prayer of defendant/petitioner setting aside of the acceptance of the investigation Commissioner's report on the ground that the prayer was made belatedly

7. On hearing the learned counsels appearing for the parties and on

perusal of the materials on record, it is required in the interest of justice that parties herein should get an opportunity of hearing in respect of the acceptance of report of investigation commissioner.

8. Accordingly, the impugned order dated 22.11.2023 is hereby set aside and the trial Court is directed to hear the matter acceptance of Commissioner's report and on hearing both sides in accordance with law, shall make all endeavour to dispose of the same within 60 days from the date of communication of this order considering that the title suit relates to the year 2008.

9. The trial Court shall proceed to dispose of the suit expeditiously preferably within one year from the date of this order.

10.

It is made clear, that in this case both parties fails to appear for hearing, the trial Court shall proceed to pass an order in accordance with law.

11.

CO of stands disposed of.

12.

Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )