Kamal Sarda v. Nemchand Jain And ORS

S/L 6

IN THE HIGH COURT AT CALCUTTA

06.01.2025 CIRCUIT BENCH AT JALPAIGURI Court. No. 3 APPELLATE SIDE Suvayan CO 234 of 2024 Sri Kamal Sarda Vs.

Sri Nemchand Jain & Ors.

Mr. Bapi Sarkar Mr. Chayan Moni Bhawal ...for the petitioner.

1.

By filing the instant revisional application the petitioner who is the plaintiff in Title Suit No. 117 of 2007 as pending before the learned Civil Judge (Senior Division), Jalpaiguri complains that the said suit is pending for the last 17 years and the progress of the said suit is very much slow on account of the dilatory tactics adopted by the defendants.

2.

Learned Advocate for the petitioner draws attention of this Court to the series of the certified copy of the orders as passed in the said suit.

3.

Considering the entire materials as placed before this Court, this Court directs the learned Civil Judge (Senior Division), Jalpaiguri to dispose of the Title Suit No. 117 of 2007 positively within a period of six months from the date of communication of the server copy of this order without granting any unnecessary adjournments to either side. It is made clear that the time limit as fixed by this Court is mandatory and peremptory.

4.

With the aforementioned observations, the instant revisional application being CO 234 of 2024 is disposed of.

5.

Learned Civil Judge (Senior Division), Jalpaiguri is directed to act on the server copy of this order. 6.

Department is directed to communicate this order to the learned Trial Court forthwith.

7.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)