This court directed the Civil Judge at Paschim Midnapore to dispose of a pending suit within six months, granting the petitioner's prayer for expeditious disposal.
Direction to lower court to dispose of the suit within six months.
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Item No. 103 11.08.2023 Court. No. 19 GB
C.O. 1010 of 2023
Debashis Sheet Vs. Purna Chandra Das
Mr. Rahul Karmakar, Mr. Abhisek Baran Das, Mrs. Srijoni Chongdar
… for the Petitioner.
The petitioner is the plaintiff in Ordinary Suit No.293 of 2015, which is pending before the learned Civil Judge (Junior Division) at Paschim Midnapore. The petitioner prays for expeditious disposal of the said suit.
It is submitted that the suit is at the stage of evidence but there has been very little progress since the inception. It is also submitted that no other applications are pending.
Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable.
This Court has not expressed any opinion on the merits of the suit. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite party before its disposal. The prayer is innocuous.
Under such circumstances, this Court directs the learned Civil Judge (Junior Division) at Paschim Midnapore to dispose of the suit within a period of six months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the same.
2
The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.
Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with a server copy of this order.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether the petitioner's prayer for expeditious disposal of a suit pending at the stage of evidence is reasonable.
Debashis Sheet
Purna Chandra Das
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
