Baby Bhattacharjee v. Niladri Shekhar Goswami

09.11.

C.O. 2895 of 2022 AGM /RK Ct Smt. Baby Bhattacharjee Vs Sri Niladri Shekhar Goswami Mr. Jit Roy, Mr. M.K. Roy, ... For the petitioner.

A direction to secure expeditious disposal of Title Suit No. 15 of 2017 pending before the learned Civil Judge (Junior Division), 2nd Court, Alipore, is the ultimate relief sought for in this case.

As per submission disclosed by the petitioner that defendant/petitioner has already furnished written statement, and the suit is awaiting at the stage of discovery inspection for the last two years. It is contended that there has been no tangible progress in the pending litigation.

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 Civil Judge (Junior Division), 2nd Court at Alipore in Title Suit No. 15 of 2018 is requested to ensure expeditious disposal of

the suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

It is, however, clarified that nothing would prevent the Court below to take appropriate step against the plaintiff, as available under the Code of Civil Procedure, for non-appearance of the plaintiff in the pending litigation.

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)