← Library
Calcutta High CourtCO/1445/2020disposed

Abid Ansari v. Jamuna Prasad Keshri And ORS

2021-01-14Hon'Ble Justice Shampa Sarkar4 pages

Sn 14.1.21 C.O. 1445 of 2020 ABID ANSARI VS.

JAMUNA PRASAD KESHRI & ORS.

Mr. Arup Krishna Das ..for the petitioner This revisional application has been filed with a prayer for reconstruction of the records of Title Suit No.63 of 2010, pending before the learned Civil Judge, Senior Division, 1st Court at Assansol, District Burdwan West, with a further prayer for expeditious disposal of the same.

It is for the petitioner to apply before the appropriate Court where the suit is pending for reconstruction of the file.

Under such circumstances, this revisional application is disposed of granting liberty to the plaintiff/petitioner to apply before the learned Court below for reconstruction of the file being Title Suit No.63 of 2010, if the said file is not traceable. If such application is made then the learned Court below shall consider and dispose of the same in accordance with law within a period of one month thereafter.

It also informed that some of the opposite

parties have expired but this is not the forum for substitution of the opposite parties as they have to be substituted in the main suit and the petitioner shall take steps accordingly for disposal of the application for substitution.

The learned Court below shall consider the age of the suit and expedite the reconstruction of the file as also hearing of the main suit along with all interlocutory applications.

This Court has not gone into the merits of the claim of the plaintiff/petitioner. The relief claimed in this revisional application cannot be granted by this Court and as such the plaintiff has to approach the Civil Court. The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties in the learned Court below within a week from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)