Shri. Narayan Chandra Das v. Smti. Aruna Das And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/20/2025 Shri Narayan Chandra Das Vs Smt. Aruna Das and others Mr. Prohit Mohan Lall ... for the petitioner Mr. KMB Jayapal ... for the respondents April 7, 2025 [AKB] Item No.4

1. The learned counsel for the petitioner has submitted that the instant suit has been filed in the year 2019 and the defendant No. 7 i.e. the petitioner herein has been brought on record in the year 2020. However, the suit is still in the SR stage and there is no chance of an early disposal of the suit. The petitioner has simply prayed for a direction upon the learned Trial Court to expedite the proceeding and to dispose of the matter as early as possible.

2. The learned counsel for the petitioner has drawn the attention of this Court to the several orders passed by the learned Trial Court including the order No. 36 dated 19.08.2024, order No. 37 dated 27.08.2024 in Title Suit No. 32 of 2019.

3. The learned Counsel for the respondent/plaintiffs have submitted that in spite of taking best efforts on behalf of the plaintiffs, the learned court has time and again asked the plaintiffs to file fresh requisites by keeping one petition under Order V Rule 20 (A) of Code of Civil procedure in abeyance. There is no intentional laches on the part of the plaintiffs. He also admits that if there is an order of expeditious disposal of the suit, he has no objection in respect of such proposed order.

4. I have considered the materials on record and I have also gone through the several orders passed by the learned Trial Court. The record also shows that sometimes the learned counsel of both the parties were not present. However, it is not understood as to why the petition under Order 5 Rule 20 (A) of Code of Civil Procedure has been kept in abeyance, particularly when the plaintiffs have prayed for substituted service of summons to expedite the matter.

5. Without going into the merits of such orders I direct the learned Trial Court to proceed with the Title Suit No. 32 of 2019 as expeditiously as he can without granting any unnecessary adjournment to either of the

parties and bring the matter to its logical conclusion at an early date in accordance with law.

6. With such direction upon the learned Civil Judge (Senior Division), North and Middle Andaman, Mayabunder I dispose of the instant civil revisional application.

7. Accordingly, the CO/20/2025 is disposed of. No order as to costs.

8. Let a copy of this order be sent to the learned Trial Court immediately.

(Apurba Sinha Ray, J.)