Sri Rajat Mullick And ORS. v. Smt. Sudipta Biswas And ORS.

18.07.2024 (D/L-24) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 673 of 2024 Sri Rajat Mullick & Ors.

-Vs- Smt. Sudipta Biswas & Ors.

Mr. D. N. Chatterjee, Mr. P. Sengupta, ... For the Petitioners.

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 the present application upon the said opposite parties is dispensed with.

The plaintiffs of Title Suit No. 187 of 2013 pending before the 1st Court of Learned Civil Judge (Junior Division), Sealdah, District 24-Parganas (South) is the petitioners of the instant application under Article 227 of the Constitution of India. Mr. Chatterjee, learned advocate for the petitioners submits that on the death of the defendant no. 7, an application under Order XXII Rule 4 of the Code of Civil Procedure along with an application for condonation of delay in filing the said application was filed way back in the year 2017 but the same is still pending.

He prays a direction for expeditious disposal of the said application.

It appears from the record that the plaintiffs had attributed to the delay complained of, however, same alone cannot justify pendency of the application for substitution for such long time, the learned Trial Judge is therefore requested to dispose of the said application as expeditiously as possible without giving any unnecessary adjournment to either of the parties.

C.O. 673 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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.)