Kalyani Joardar And ORS v. Gopal Roy And ORS

Dd 11 06.01.2026 In the High Court At Calcutta CIRCUIT BENCH AT JALPAIGURI CIVIAL REVISINAL JURISDICTIONAL APPELLATE SIDE CO/204/2025 KALYANI JOARDAR AND ORS VS GOPAL ROY AND ORS Mr. Sudipto Majumder, ld. Sr. adv.

Mr. Subham Chanda, Advocates ... ... For the Petitioner

1. Revisional applicants seek a direction upon the Advocate Commissioner appointed by Order No.

32 dated November 16, 2024 to submit his report before the learned Trial Judge.

2. Learned Senior advocate appearing for the petitioners submits that, a period of four years expired, since the appointment of the Advocate Commissioner by the learned Single Judge. The Advocate Commissioner is yet to submit his report.

Learned trial Judge is granting adjournments for the purpose of filing of the report day after day.

3. None appeared for the opposite parties. Affidavitof-service shows that the opposite parties could not be located.

4. Learned senior advocate appearing for the petitioners submits on instructions that, time to serve the learned advocate for the opposite parties before the learned Single Judge was met with a refusal by such learned advocate to accept service.

5. It appears from the records that an Advocate Commissioner was appointed by the learned Single Judge by the order dated November 16, 2024. Apparently, the Advocate Commissioner is yet to submit his report. There are orders annexed to the revisional application establishing that the suit was adjourned from time to time for the purpose of Advocate Commissioner filing his report.

6. Report by the Advocate Commissioner is yet to be filed.

7. In such circumstances, the learned trial Judge will call upon the Advocate Commissioner to submit his report on the next date fixed in respect of the suit before the learned trial Judge. Advocate Commissioner shall file his report as directed by the learned trial Judge.

8. The parties are at liberty to take appropriate steps in the event the Advocate Commissioner does not file his report before the learned trial Judge.

9. CO/204/2025 is disposed of accordingly.

[Debangsu Basak, J.]