Sibnath Biswas v. Rita Biswas And ORS

Item No.8 24.04.2024 Court. No. 19 GB C.O. 889 of 2024 Mr. Sibnath Biswas Vs.

Smt. Rita Biswas & Ors.

Mr. Soumo Chowdhury, Mr. S. Ray, Mr. Niket Ojha ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of an application under Section 151 of the Code of Civil Procedure, which arises in connection with Title Suit N.83 of 2020. The proceedings are pending before the learned Civil Judge (Senior Division), Sealdah.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the application within a month from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. This court has not expressed any opinion on the merits of the application. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)