Shri. Balwant Raj Sawhney v. Shri. Pradeep Singh

IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction [CIRCUIT BENCH AT PORT BLAIR] ...

CO/28/2022 Shri Balwant Raj Sawhney ... Petitioner Vs.

Shri Pradeep Singh ... Respondent Ms. A.S.Zinu ... for the petitioner Mr. KMB Jayapal ... for the respondent September 30, 2022 [SR] Item No.38 This revisional application is filed by the plaintiff who claims himself to be aged about 75 years and seeks for expeditious trial of the suit. The last order annexed to the said petitioner is dated 25th July, 2022. It appears from the said order that the plaintiff had been examined in part on exparte as PW-1 and discharged. The matter was made returnable on 20th September, 2022.

The learned advocate for the petitioner submits that on 20th September, 2022, the hearing of the suit was adjourned and has been fixed on 25th November, 2022. It is submitted on behalf of the petitioner that due to the advanced age of the petitioner if the trial is not completed expeditiously and the suit is brought to a logical conclusion, the petitioner will suffer irreparable loss and injury. The respondent/defendant is represented by an Advocate. It is submitted on behalf of the respondent/defendant that a suit prior in time has been filed by the respondent/defendant as plaintiff being O.S.No.12 of 2019 which is now pending before the Joint Civil Judge, Senior Division i.e in the same Court wherein the suit filed by the petitioner being Suit No.84/2019 is pending. The suit should be heard along with the suit filed by the plaintiff.

After hearing the parties and considering the materials on record, I dispose of the revisional application by directing the Joint Civil Judge, Senior Division, South Andaman, Port Blair to dispose of the petitioner's suit as expeditiously as possible without granting any unnecessary adjournments but not beyond 30th April, 2023. It will be open to the said Joint Civil Judge, Senior Division to look into the scope of the two suits i.e. the suit filed by the plaintiff and that filed by the respondent and after hearing the parties should take a decision as to whether the said two suits are to be heard analogously or one after the other. The revisional application is accordingly disposed of. ( Arindam Mukherjee, J.