Paulami Ch. (Nee Das) v. Aditya Narayan Chandra

AG 02.01.

C.O. 2362 of 2022 M / RKB Ct Smt Paulami Chandra (nee Das) Vs Sri Aditya Narayan Chandra Mr. Gopal Chandra Ghosh, ... For the petitioner.

A direction to secure expeditious disposal of Misc Case No. 01 of 2014 pending before the learned Additional District Judge, 1st Fast Track Court, Basirhat, is the ultimate relief sought for in this case. Mr. Gopal Chandra Ghosh, learned advocate appearing for the petitioner submits that a decree for mutual divorce has been obtained practicing fraud upon the Court below.

The petitioner/wife having gathered knowledge of the decree of divorce obtained against her by practicing fraud has filed an application for recalling the order granting decree on mutual divorce.

Since there was delay caused in the disposal of such application, filed by the petitioner/wife under Section 151 CPC, this Court was approached in C.O. 2927 of 2014, wherein there has been a direction given requiring the Court below to ensure expeditious disposal of the pending application filed by the petitioner/wife within the period, as mentioned

therein.

It is further submitted that till such date, the pending application filed by the petitioner/wife, proposing recalling of order granting mutual divorce has not been disposed of by the Court below resulting in serious prejudice to the petitioner/wife.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite party is thus dispensed with.

Accordingly, learned Additional District Judge, 1st Fast Track Court, Basirhat in Misc Case No. 01 of 2014 is requested to ensure expeditious disposal of the application referred hereinabove, having understood the purport and message already conveyed in C.O. 2927 of 2024, preferably before the end of April, 2023, but without granting unnecessary adjournment, unless it extremely unavoidable.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party With this observation and direction, the revisional application stands disposed of.

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

(Subhasis Dasgupta, J)