Sipra Bhattacharjee And ANR v. Rabindra Nath Bhattacharya And ORS

22.03.2024 Ct. No. 19 Sl. No.12 Cp C.O. No. 957 of 2024 Smt. Sipra Bhattacharjee & anr.

Vs.

Shri Rabindra Nath Bhattacharya & Ors.

Mr. P. C. Mitra Mr. Ashik Hossain Mrs. Piyali Mitra Ms. Mahashweta Mukherjee Ms. Rantika Gayen Ms. Madhumita Roy Ms. Indira Malik .....for the petitioners.

The petitioners/defendant nos. 1 and 2, pray for expeditious disposal of Title Suit No. 1193 of 2021, which is pending before the learned Judge, 2nd Bench, City Civil Court at Calcutta.

It is submitted that a belated application for amendment of plaint was allowed. It is also submitted that the suit is not proceeding because the amended plaint has not yet been filed.

The prayer of the petitioners 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.

The revisional application is disposed of with a direction upon the learned court to make sincere

endeavour to dispose of the suit within six months 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 suit. 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, within a week.

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.)