The Calcutta High Court directed the Trial Court in suit T.S. No.23 of 2020 to positively dispose of a pending application under Order 7 Rule 11 CPC within eight weeks due to unjustified delay, without adjudicating the merits of the controversy.
Directed the Trial Court to dispose of the pending application under Order 7 Rule 11 CPC within eight weeks.
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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]
…
C.O/3/2022
Naushad Ali … Petitioner
Vs.
Dharmender Mohan … Respondent
Mr. Gopala Binnu Kumar … for the petitioners Mrs. Anjili Nag … for the respondent
June 21, 2022 [SR] Item No.2
The primary grievance of the petitioner is directed against an order dated 10th March, 2021. It is alleged on behalf of the petitioner that notwithstanding having filed an application under Order 7 Rule 11 of the Code Civil Procedure, 1908 the learned Trial Court has not been able to dispose of the same and the plaintiff is deliberately and intentionally procrastinating the proceeding before the Trial Court. It is also submitted on behalf of the petitioner that the plaintiff is enjoying an ad-interim exparte order of injunction and is not interested in permitting disposal of the application under Oder 7 Rule 11.
On behalf of the plaintiff, it is submitted that it is the defendant who by filing this revisional application has delayed the proceeding before the Trial Court.
In view of the aforesaid, the learned Trial Court hearing the suit being T.S. No.23 of 2020, is directed to
positively dispose of the application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 within a period of eight weeks from the date of communication of this order.
It is made clear that this Court has not gone into the merits of controversy in the pending application and the aforesaid direction on the Trial Court is only insofar as the application has been kept pending for a considerable long period of time.
With the aforesaid directions, CO/3/2022 stands disposed of.
( Ravi Krishan Kapur, J.)
1 issue framed by the court
Whether the Trial Court should dispose of an application under Order 7 Rule 11 CPC delayed for a considerable period.
1 provisions across 1 enactments
Naushad Ali
Dharmender Mohan
Ravi Krishan Kapur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
