On application for early disposal of a pending suit based on delay, the High Court directed the lower court to dispose the suit within one year without examining merits, and banned unnecessary adjournments.
Direction to the court below to dispose of Title Suit No.915 of 2019 within one year from the next date fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12.07.2023 Sl. No.56(DL) srm
C.O. No. 571 of 2023
Goutam Mondal
Versus
Ankan Das & Anr.
Mr. Anil Kumar Chatterjee, Mr. Dinesh Pani
…for the Petitioner.
The petitioner prays for early disposal of the Title Suit No.915 of 2019 which is pending before the learned Civil Judge (Junior Division), 7th Court at Howrah.
It is submitted that the issues have been framed but the evidence has not yet started.
Considering the age of the suit, the prayer of the petitioner appears to be reasonable.
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 prayer is innocuous.
Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the Title Suit No.915 of 2019 within a period of one year from the next date fixed, strictly in accordance with law
2
and independently. Unnecessary adjournments shall not be granted to any of the parties.
This Court has not gone into the merits of the title suit.
A copy of the revisional application along with a server
copy of this order be served upon the opposite parties within a week.
The revisional application is, thus, disposed of.
There will be, however, no order as to costs.
Parties are to act on the basis of the server copy of this
order.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether to order expeditious disposal of a pending suit based on its age.
Goutam Mondal
Ankan Das
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
