Rampada Jana v. Kamala Samanta And ANR

18.01.2022 Ct. 21 D/L 37 ab C.O. 1531 of 2021 (Via Video Conference) Ramapada Jana -VsSmt. Kamala Samanta & Anr.

Mrs. Usha Maity, Mr. Sukanta Das, ... for the petitioner Mr. Rwitendra Banerjee, Mr. Devdutta Pathak, ... for the opposite parties Mrs. Usha Maity, learned advocate appears for the petitioner and Mr. Rwitendra Banerjee, learned advocate appears for the opposite parties.

The learned advocate for the opposite parties submits that he has no objection if the present revisional application is allowed and the matter be remanded back to the Court below with a direction for fresh hearing of the amendment petition after serving a copy of the same to the petitioner.

To such submission, the learned advocate for the petitioner raises no objection.

Therefore, the revisional application is hereby allowed on consent. The order impugned dated 25.09.2020 is hereby set aside.

The learned Court below is requested to hear the amendment petition filed by the opposite parties afresh after giving a copy of the same to the petitioner with a liberty to file written objection against the amendment petition. The learned Court below is further requested to make an endeavour to dispose of the amendment petition within a week from the date of filing of the written objection by the petitioner.

However, it is made clear that this Court has not gone into the merits of the amendment petition. The revisional application being C.O. 1531 of 2021 is, thus, disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, be applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)