The Single Judge disposed of a revisional application directed the learned court below to dispose the suit within six months, emphasizing expeditious disposal and preventing unnecessary adjournments.
Revisional application disposed with direction to court below to dispose suit within six months from next date fixed.
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Item No. 18 18.08.2023 Court. No. 19 GB
C.O. 2499 of 2023
Bhaskar Jana Vs. Smt. Jamuna Maity
Mr. Debasis Sur, Mr. Anujit Maity, Mrs. Sarama Maity
… for the Petitioner.
Having heard the learned advocate for the petitioner, this Court is of the view that no orders can be passed upon the collector with regard to the documents impounded by the learned court below.
However, the petitioner who is plaintiff in the suit submits that inordinate delay on the part of the court in taking the report from the collector, has caused irreparable loss and injury to the plaintiff.
This Court is of the view that justice would be sub served if the learned court below is directed to take immediate steps to ensure that necessary steps are taken and the suit proceeds in accordance with law, expeditiously.
An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The order is innocuous.
Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the suit within a period of six months from the
2
next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the respective parties to contest the said appeal. Unnecessary adjournments shall not be granted to any of the parties.
This Court has not gone into the merits of the suit.
A copy of the revisional application, along with a server copy of this order, be served upon the opposite parties in the learned court below, within a week.
Accordingly, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)
3 issues framed by the court
Whether a revisional application should dispose of the matter with directions for expeditious disposal of the suit without prior service on opposite parties.
Whether the learned court below should ensure the suit proceeds expeditiously with adequate opportunity to contest.
Whether judicial delay in taking a report from the collector causes irreparable loss to the plaintiff.
Bhaskar Jana
Smt. Jamuna Maity
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
