Chhanda Paul v. Shyamal Dey

Item No.189 15.09.2023 Court. No. 19 GB C.O. 2837 of 2023 Chanda Paul Vs.

Shymal Dey Mr. Satyam Mukherjee, Ms. Sayani Ahmed ... for the Petitioner.

By this application, the petitioner/plaintiff seeks expeditious disposal of Title Suit No.247 of 2020 as also expeditious disposal of an application for amendment of the plaint, which are pending before the learned Civil Judge (Junior Division) at Barasat.

Considering the submissions, the 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 and hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court below to dispose of the application within a period of two months from the next date fixed. Thereafter, upon disposal of the application, the suit shall be disposed of within a year. Adequate opportunity shall be granted to the opposite party to contest the same by filing written objection, if not already filed.

This court has not expressed any opinion on the merits of the case. 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 party and/or the learned advocate contesting the matter on behalf of the opposite party 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.)