Sk. Shamim Ahmed & ANR. v. Prabitra Kumar Das

OD - 74 ORDER SHEET CS/221/2017

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SK. SHAMIM AHMED & ANR.

VS PRABITRA KUMAR DAS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 21ST JANUARY, 2022.

The Court: None appears on behalf of the plaintiffs. Nor is any accommodation prayed for on their behalf.

By an order dated 23 December, 2021, this Court had directed the plaintiffs to cure and rectify the defects which had been pointed out during scrutiny of the plaint as far back as in 2017, within a period of one month, subject to payment of costs. This suit has appeared on the returnable date.

It appears from the Report filed by the Department that the plaintiffs have taken no steps in the suit notwithstanding the order dated 23 December, 2021.

Hence, I am of the view that it is evident that the conduct of the plaintiffs has been indolent, casual and negligent. There can be no earthly reason as to why the plaintiffs had taken no steps in curing the defects which had been pointed out during the scrutiny of the plaint by the Department as far back as in 2017.

In the absence of any cause, far less good cause, CS 221 of 2017 stands dismissed for non-compliance of the order dated 23 December, 2021 and for non-prosecution.

All interim orders stand automatically vacated. (RAVI KRISHAN KAPUR, J.) Sbghosh