Smti. A. Stella v. Hindi Sahitya Kala Parishad

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/41/2025 Smti. A. Stella Vs.

Hindi Sahitya Kala Parishad Mr. Arun S. Kumar .... for the petitioner Mr. Adarsh Ilango ... for the respondent/OP September 08, 2025 [SR] Item No.6 The instant revisional application under Article 227 of the Constitution of India is at the instance of the tenant/defendant in a suit for eviction and is directed against an order 51 dated April 25, 2025 passed by the learned Joint Civil Judge Senior Division, Port Blair in the said suit being O.S. No. 88 of 2013 subsequently renumbered as O.S. No.09 of 2023. The evidence of the defendant was closed vide order dated January 24, 2025. The defendant on January 10, 2025 had filed an application for recalling of the said order. The learned Trial Judge, by the order impugned has dismissed the said application.

Heard learned counsel for the parties, perused material on record.

The evidence of the plaintiff was closed on November 21, 2023. Several dates thereafter were fixed to record the evidence of the defendant but could not be done as she took repeated adjournments on the dates so fixed.

November 25, 2024 was one of such dates fixed for recording evidence of the defendant. On the said date also the defendant has prayed for adjournment, her such prayer was allowed subject to payment of cost of Rs. 2000/- to the plaintiff.

January 24, 2025 was the next date fixed for the evidence of the defendant and payment of the said costs. On the said date the costs as directed was not paid, instead the defendant once again had prayed for adjournment. The learned Trial Judge by the order No. 49 dated January 24, 2025, had refused the said prayer of the defendant and had posted the suit for ex parte hearing against her.

The defendant, in spite of getting several opportunities had repeatedly defaulted in adducing evidence, she even did not bother to pay the costs as directed by the learned Trial Judge as the condition for allowing her prayer for adjournment. The defendant for a decade has stuck the suit for eviction at the evidence stage.

The Learned Trial Judge in view of such conduct of defendant has rightly refused to the recall the order fixing the suit for ex parte hearing against the defendant. The order impugned for the said reasons does not call for any interference.

CO/41/2025 is therefore, dismissed, without any order as to costs.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Biswajit Basu, J. )