United Church v. Church Of North India Trust Association

01.9.2023 Ct. 3 SB Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction C.O. 122 of 2022 In the Matter of : United Church None is appearing on behalf of the petitioner. This application under Article 227 of the Constitution of India assails the order No. 69 dated 05.5.2022 passed by the learned Civil Judge, Junior Division, Alipurduar. By the order impugned learned Trial Court was pleased to reject the prayer for adjournment made on behalf of the defendant. In fact the learned counsel representing the defendant did not show even the courtesy to move the application. The order impugned speaks volume about the conduct of the defendant, the way he was dragging his feet and found to be to be instrumental getting the litigation protracted. Even the order of the learned Trial Court to pay the cost was not complied with.

In my humble opinion, the order impugned does not suffer any jurisdictional error and there is no perversity. This revisional application is bereft of merit and, is thus, dismissed with costs of Rs.10,000/- C.P. (Siddhartha Roy Chowdhury, J.)