Shri.Ramani Chandra v. Shri.Mohammed Aslam

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/52/2025 Shri. Ramani Chandra Vs Shri Mohammed Aslam Ms. A.S.Zinu ... for the petitioners October 28, 2025 [AKB] Item No.10 The learned advocate representing the petitioner submitted to have filed the instant application being refused to contest the Other Suit No. 54 of 2024 pending before the Joint Civil Judge, Senior Division, South Andaman, Port Blair as the sole defendant. The Order No. 21 dated 25.08.2025 passed by the aforesaid Trial Court reflected the rejection of an application filed by the petitioner herein to set aside the ex-parte order dated 24.11.2023 whereby due to the absence of the learned advocate representing the sole defendant therein the said order was passed.

It further stated the said application was devoid of sufficient reasons to substantiate the delay in filing the same. Considering the fact that the defendant intends to contest the Other Suit No. 54 of 2024 as aforesaid, an opportunity must have been given to the same for proper adjudication of the lis, albeit imposing strict directions.

The Order No. 21 dated 25.08.2025 is set aside with a direction that the aforesaid Trial Court will allow the petitioner herein to contest the Other Suit No. 54 of 2024 on condition

that no adjournment will be granted to either of the parties during the hearing of the aforesaid suit.

The learned advocate representing the sole defendant therein should be present on each and every day of hearing. With the above direction CO/52/2025 is disposed of. (Ananya Bandyopadhyay, J.)