Shri.Mohan Agarwal v. Shri.Sandeep Agarwal

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/58/2024 Shri Mohan Agarwal Vs.

Shri Sandeep Agarwal Mr. N. A. Khan ... for the revisionist Mr. Surajit Samanta [though virtual mode] Ms. Sohini Samanta ... for the opposite party January 07, 2025 [SR] Item no. 27 1.

Heard the learned counsel for the revisionist as well as the learned counsel for the opposite party appearing virtually. 2.

The revisionist is the plaintiff before the Trial Court in a partition suit. The respondent's application for recalling of order whereby the suit was directed to proceed exparte and having a composite prayer for filing written statement, has been accepted by the Trial Court. The written statement has also been accepted subject to a cost of Rs.2500/- to be paid to the plaintiff. 3.

It is not in dispute that the order has been complied. Learned counsel for the revisionist, however, raises a grievance that resorting to many dilatory tactics including change of counsels, the defendant in the suit has unnecessarily protracted the litigation at the initial stage of filing of written statement itself. 4.

Learned counsel Mr. Surajit Samanta submits that the written statement has been filed and therefore, it is only obvious that the parties now have to proceed with the suit in accordance with law.

5.

Considering the rival submissions, and since primary grievance of the revisionist seems to be expeditious disposal of the suit, this court only observes that the Trial Court may proceed with the matter expeditiously without granting any unnecessary adjournment and undue delay.

6.

The revisional application stands disposed of. ( Madhuresh Prasad, J. )