Ram Krishna Biswas v. Vandana Sharma

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/10/2022 Ram Krishna Biswas ... Petitioner Vs.

Vandana Sharma

...Respondent

Mrs. Anjili Nag ... for the petitioner June 30, 2022 [SR] Item No.12 This revisional application has been filed challenging an order dated 16 June, 2022 whereby the learned Trial Court has directed the plaintiff to take fresh steps for service.

Briefly, the plaintiff had filed the suit on 11 November 2020. Thereafter, diverse hearings have been held wherein the plaintiff had taken steps to effect service on the defendant. Ultimately, the plaintiff had filed an application under section 151 of the Code of Civil Procedure, inter alia, recording the different steps that have been taken to effect service on the defendant.

By the impugned order, the learned Trial Judge has directed the plaintiff to effect fresh service without considering the steps which had already been taken by the

plaintiff. There are simply no reasons in the impugned order dealing with the application filed by the plaintiff.. In view of the aforesaid, the impugned order dated 16 June, 2022 is set aside. The matter is remanded back to the Trial Court to consider the application under section 151 of the C.P.C filed on behalf of the plaintiff and dispose of the same after recording reasons as to whether service or substitute service has been effected by the plaintiff. In view of the aforesaid directions, CO/10/2022 stands allowed.

( Ravi Krishan Kapur, J.)