Swapan Kumar Paul v. Prabir Sinha

24.03.2022 Item No.30 Ct. No.7 CHC (disposed of) C.O.517 of 2022 (Physical Hearing) Swapan Kumar Paul Vs.

Prabir Sinha Mr. Tarak Nath Halder ...for the petitioner A direction to secure expeditious disposal of interlocutory application, filed under Section 7(2) of the W.B.P.T. Act, and another interlocutory application filed by defendant/opposite party dated 4th March, 2020 under Order 18 Rule 17, followed by expeditious disposal of the pending Eviction Suit, is the ultimate prayer of this revisional application.

Admittedly, the application under Section 7(2) of the W.B.P.T. Act was filed in January, 2018, and for the decision of such application evidence has been adduced, and the date has been fixed for argument lastly on February, 2020.

The opposite party/defendant in the meantime, has taken out an application dated 4th March, 2020 under Order 18 Rule 17 for recalling of witness. In view of the nature of the order proposed to be made in this case, service of notice upon the opposite

party is considered to be not necessary. Service of notice upon the opposite party stands dispensed with. Accordingly, learned Civil Judge (Senior Division), at Sealdah in Ejectment Suit No.8 of 2017 is directed to ensure expeditious disposal of interlocutory applications dated 4th March, 2020 praying for recalling of witness, and application under Section 7(2) of the W.B.P.T. Act filed in January, 2018, preferably within a period of six (06) months from the date of communication of this order, without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, an opportunity of hearing to both the parties must be ensured. This Court reposes trust and confidence upon the learned court below that after the disposal of interlocutory applications, the court below would sincerely endeavour to dispose of the suit expeditiously as possible.

With this direction/observation, the instant revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)