Subhasis Tewary And ANR v. Bijoy Gorai

05.01.2024 Sl. No.11(DL) srm C.O. No. 3974 of 2022 Sri Subhasis Tewary & Anr.

Versus

Sri Bijoy Gorai Mr. Arup Krishna Das, Mr. Abdus Salam ...for the Petitioners.

The revisional application is not entertained. Although this Court is of the view that there are some technical defects in the way the learned Additional District Judge, 1st Court at Asansol, Paschim Bardhaman, proceeded to allow the opposite party to contest the appeal which had been fixed for ex parte hearing, ends of justice demands that the appeal should be disposed of on contest. The court was correct in recalling the order by which the appeal was fixed for ex parte hearing. Under such circumstances, the learned Additional District Judge, 1st Court at Asansol, Paschim Bardhaman, is directed to conclude the hearing of Misc. Appeal No.01 of 2021 expeditiously and dispose of the same within a period of one year from the date of communication of this order, without granting any further adjournments to any of the parties. The revisional application is, thus, disposed of. There shall be no order as to costs.

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

(Shampa Sarkar, J.)