Disposed¶12

Provash Swarnakar v. Bivash Swarnakar and Ors.

Calcutta HC20 Feb 2024CO/390/2024

Case brief

AI extract

What is this about?

Provash Swarnakar v. Bivash Swarnakar & Ors.; C.O. No. 390 of 2024; civil revision application disposed of; Title Suit No. 465 of 2022 pending before Civil Judge (Junior Division), 2nd Court, Barrackpore; application under Section 151 of the Code of Civil Procedure not entertained; service of summons not complete; no interference by revisional court; liberty to seek expedited disposal; no merits observation; no order as to costs; Shampa Sarkar, J.; 20.02.2024.

What did the court decide?

Petitioner left at liberty to approach the learned court and pray for expeditious disposal of the pending application under Section 151 of the Code of Civil Procedure; no order as to costs. ¶12

Provash Swarnakar Vs Bivash Swarnakar and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner left at liberty to approach the learned court and pray for expeditious disposal of the pending application under Section 151 of the Code of Civil Procedure; no order as to costs.

¶12

Issue for consideration

Whether this court should interfere with the proceedings in Title Suit No. 465 of 2022 pending before the Civil Judge (Junior Division), 2nd Court, Barrackpore. +1 more

¶7

Court's answer

This court does not find any reason to interfere with the proceedings in Title Suit No. 465 of 2022 pending before the learned Civil Judge (Junior Division), 2nd Court, Barrackpore.

¶7

Ratio / Principle

Service of summons in the suit is not yet complete, underlying the decision to dispose of the revisional application without interfering with the trial-court proceedings.

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Key takeaways

The order shall not be construed as any observation on the merits of the petitioner's application, nor as a direction upon the learned court to pass orders as prayed for; the application will be heard on its own merits as per the convenience of the learned court and in accordance with law.obiter¶11

Detailed headnote1 paragraphs

Civil revision application (C.O. No. 390 of 2024, dated 20.02.2024) by Sri Provash Swarnakar concerning proceedings in Title Suit No. 465 of 2022 pending before the Civil Judge (Junior Division), 2nd Court, Barrackpore. The court found no reason to interfere with the trial-court proceedings, noting that the petitioner's application under Section 151 of the Code of Civil Procedure had not yet been entertained and that service of summons was incomplete. The petitioner was left at liberty to approach the learned court and seek expeditious disposal of the pending application. The court expressly cautioned that its order implied neither any view on the merits of the application nor any direction upon the trial court to pass orders as prayed for, the application to be heard on its own merits. The revisional application was disposed of; no order as to costs.

Provash Swarnakar v. Bivash Swarnakar and Ors.

Case brief

What is this about?

What did the court decide?

Provash Swarnakar v. Bivash Swarnakar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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