Minati Chakraborty v. Monika Roy And ANR

September 14, 2023 Sl. No.244 Court No.19 s.biswas CO 2541 of 2023 Smt. Minati Chakraborty vs.

Smt. Monika Roy and another Mr. Souvick Mitra ... for the petitioner The petitioner is the plaintiff no.1 in Title Suit No.310 of 2016, which is pending before the learned Judge, 10th Bench, City Civil Court at Calcutta. It is submitted that the said suit is pending since long and an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint is pending since 2018. The petitioner prays for expeditious disposal of the suit as also the application.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the said pending suit as also the application, on an urgent basis. This court has neither gone into the merits of the application nor into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite parties, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court below to dispose of

the pending application within a period of three months from the next date fixed and upon granting one last opportunity to the opposite parties to file the written objection, if not already filed and contest the proceedings. Thereafter the learned court below will proceed with the suit and dispose of the same within a year after disposal of the application, without granting unnecessary adjournments to either of the parties. The learned court below shall proceed strictly in accordance with law and independently. Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)