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Calcutta High CourtCO/681/2022disposed

Bikash Chandra Saha And ANR v. Ramit Singh And ORS

2022-04-06Hon'Ble Justice Subhasis Dasgupta3 pages

AG M/R 06.04.

C.O. 681 of 2022 KB Ct Bikash Chandra Saha & Anr Vs Ramit Singh & Ors Sk. Md. Bilwal Hossain, ... For the petitioners.

A direction to secure expeditious disposal of two interlocutory petitions; one for amendment under Order 6 Rule 17 of the Code of Civil Procedure and another for judgment on admission under Order 12 Rule 6 of the Code of Civil Procedure, is the ultimate relief in this revisional application.

Admittedly, the suit has been instituted in the year 2014.

The prayer for amendment, according to learned advocate for the petitioners has been filed by the plaintiffs/opposite parties, while the prayer for judgment on admission under Order 12 Rule 6 has been filed by the petitioners/defendants.

It is contended by the learned advocate for the petitioners that those two interlocutory applications are pending since long, and have to be disposed of expeditiously.

In view of the nature of the order proposed to be made, no prior notice upon the opposite parties is considered to be necessary.

The service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 1st Court, Chinsurah, Hooghly in Title Suit No. 83 of 2014 is requested to ensure expeditious disposal of pending interlocutory applications, referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, the year of institution of the suit may also be taken into account, and the learned Court below may proceed with the disposal of the pending interlocutory applications in the manner, as situation of the case would demand, so as to dispense with the justice in a best possible manner. Petitioners are directed to make communication of this order to the learned Court below as well as to the learned advocate appearing for the opposite parties in the Court below and the opposite parties also. With this observation and direction, the revisional application stands disposed of.

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

(Subhasis Dasgupta, J)