Revisional application by petitioner in MAT Suit seeking expeditious disposal of amendment prayer. Single judge disposed matter without merits, directed lower court to decide amendment within two months and suit within one year.
Directions to lower court to dispose amendment application within two months and suit within one year; no order as to costs.
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Sn 12.2.21 8
C.O. 268 of 2021
SMT. DEBASREE DE VS. SRI DIPANKAR
DEY
Mr. Sumit Roy Mr. Sailen Naskar ..for the petitioner
This revisional application has been filed by the wife/petitioner in MAT Suit No.2092 of 2018, pending before the learned Additional District Judge, 3rd Court, Barasat, District North 24 Parganas.
The petitioner prays for expeditious disposal of the application for amendment of the plaint. The prayer of the petitioner is innocuous. It appears that a copy of the said application has already been served upon the opposite party. It also appears that several dates have been fixed for hearing under Order 6 Rule 17 of the Code of Civil Procedure.
Under such circumstances, this revisional application is disposed of without going into the merits, with a direction upon the learned Court below to dispose of the application for amendment of the plaint at an early date preferably within a period of two months from the next date, fixed upon affording an opportunity to the opposite party to contest the same.
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Upon disposal of the amended plaint, the learned Court below is requested to dispose of the MAT Suit as expeditiously as possible, preferably within a period of one year thereafter. The learned Court below is directed to proceed independently and in accordance with.
The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party within a week from date.
This revisional application is disposed of. There will be however no order as to costs.
Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.
(Shampa Sarkar,J.)
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1 provisions across 1 enactments
Smt. Debasree De
Sri Dipankar Dey
Shampa Sarkar
As recorded by the court registry
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