Parna Majumdar v. Shuvajit Majumdar

27.03.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 870 of 2023 Smt. Parna Majumdar Vs.

Shuvajit Majumdar Mr. Kasustav Chandra Das ... For the petitioner This application has been filed for passing an order in an application under Order VII Rule 11 of the Code of Civil Procedure. From the order dated 7th December, 2022, it is found that the learned Civil Judge (Senior Division), 9th Court, Alipore, South 24-Parganas, already heard the application under Order VII Rule 11 of the Code of Civil Procedure on behalf of both sides and date was fixed on 10th January, 2023 for passing order but thereafter no order was passed on the application under Order VII Rule 11 of the Code of Civil Procedure. Considering the nature of prayer, I find hardly any necessity to ask for service of notice upon the opposite party. Thus, service of notice upon the opposite party stands dispensed with.

In the circumstances, the learned Civil Judge (Senior Division), 9th Court, Alipore, South 24-Parganas, is requested to dispose of the Title Suit No.2878 of 2016 after deciding on the point of maintainability of the suit

after giving an opportunity of hearing to both the parties to the suit, as expeditiously as possible, without granting any unnecessary adjournment to any of the parties to the suit.

With the above observation, the revisional application, being CO 870 of 2023, stands disposed of. Let a copy of this order be communicated to the Civil Judge (Senior Division), 9th Court, Alipore, South 24Parganas, forthwith. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)