Gopal Chandra Basak v. Shyam Shankar Rakshit (Kalu)
14.12.2023 Sl. No. 19 Court No.2 Sandip In the Calcutta High Court Circuit Bench at Jalpaiguri Appellate Side C.O. 153 of 2023 Gopal Chandra Basak vs.
Shyam Shankar Rakshit (Kalu) Mr. Debajit Kundu ... for the petitioner Mr. Sanjay Mazumdar, Ms. Sukanya Adhikary ... for the opposite party. Affidavit-of-service filed on behalf of the petitioner be kept with the record.
The plaintiff in a suit for ejectment under the West Bengal Premises Tenancy Act, 1997 is the petitioner of the instant revsional application under Article 227 of the Constitution of India.
The suit since is pending from 2018, the petitioner by the present application is praying for a direction upon the learned Trial Judge for expeditious disposal of it.
From the records, when it came to the notice of this Court that two documents exhibited at the instance of the plaintiff are missing, a report was called for from the Court of the learned Civil Judge (Junior Division) at Siliguri, where the said suit is pending. The learned Registrar of this Circuit Bench places the said report before me.
The report suggests that till date, those missing exhibits are not traceable. It is really a disturbing situation, however the learned Trial Judge is directed
to take immediate steps for re-construction of those exhibits and to proceed with the disposal of the suit, the parties are directed to co-operate in reconstructing the said missing exhibits.
In view of its nature, the suit demands expeditious disposal, the learned Trial Judge therefore is directed to bring the said suit to its logical conclusion positively within a period of six months from the date of communication of this order and in doing so, shall not grant any unnecessary adjournment to either of the parties.
The learned Trial Judge after expiry of the period as fixed above shall submit a compliance report before the next available Circuit Bench.
C.O. 153 of 2023 is disposed of with the above terms without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)