Disposed¶15

Babli Pramanik v. Ashok Kumar Shaw and Anr.

Calcutta HC20 Dec 2024CO/4029/2023

Case brief

AI extract

What is this about?

Expedited-trial directive; Calcutta High Court; C.O. 4029 of 2023; Babli Pramanik v. Ashok Kumar Shaw; Title Suit No. 197 of 2018; Civil Judge (Junior Division) 5th Court Alipore; pending Order 6 Rule 17 Code of Civil Procedure amendment application filed 2018; disposal of interlocutory applications within two weeks after ensuing Christmas Vacation; no adjournments except extreme urgency; notice service dispensed with; single-judge bench (Bibhas Ranjan De, J.).

What did the court decide?

Notice on the opposite parties dispensed with; trial court requested to dispose of all interlocutory applications within two weeks after the ensuing Christmas Vacation and to complete Title Suit No. 197 of 2018 expeditiously without adjournments except where there is extreme urgency. ¶15

Babli Pramanik Vs Ashok Kumar Shaw and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the court should direct expeditious disposal of the pending interlocutory applications (including the Order 6 Rule 17 Code of Civil Procedure application filed by the defendant in 2018) and expeditious trial of Title Suit No. 197 of 2018.

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Court's answer

Finding hardly any reason to require the petitioner to serve notice, service of notice upon the opposite parties was dispensed with.

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Ratio / Principle

The Learned Civil Judge (Junior Division), 5th Court, Alipore was requested to dispose of all the interlocutory applications within two weeks after the ensuing Christmas Vacation.

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Key takeaways

The trial court was further requested to dispose of Title Suit No. 197 of 2018 as expeditiously as possible without giving any adjournment to either of the parties unless there is extreme urgency.ratio¶14
With the aforesaid observations, the revisional application stands disposed of.ratio¶15

Detailed headnote1 paragraphs

Calcutta High Court (Appellate Side, Civil Revisional Jurisdiction), C.O. 4029 of 2023 — Babli Pramanik v. Ashok Kumar Shaw & Anr. (Bibhas Ranjan De, J.). Revisional application praying for expeditious disposal of the interlocutory applications and trial of Title Suit No. 197 of 2018 before the Learned Civil Judge (Junior Division), 5th Court, Alipore, where an Order 6 Rule 17 Code of Civil Procedure application filed by the defendant in 2018 remained undisposed. Service of notice on the opposite parties was dispensed with; the trial court was requested to dispose of all interlocutory applications within two weeks after the ensuing Christmas Vacation and to dispose of the suit as expeditiously as possible without giving any adjournment to either party unless there is extreme urgency. Revisional application disposed of.

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Item 20.12. No. 2024 12

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rup Ct 237

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IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE

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C.O. 4029 of 2023

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Mrs. Babli Pramanik Vs Ashok Kumar Shaw & Anr.

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Mr. Biswajit Konar, Mr. Arijit Mahinder.

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… For the petitioner.

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This revisional application has been filed with a prayer for expeditious disposal of inter locutory applications as well as trial of the suit being No. 197 of 2018 pending before the Learned Civil Judge (Junior Division), 5^th Court, Alipore.

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Learned counsel appearing on behalf of the petitioner has submitted that one application under Order 6 Rule 17 of the Code of Civil Procedure filed on behalf of the opposite party/defendant in the year 2018 is yet to be disposed of.

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Considering the situation, I find hardly any reason to direct the petitioner to serve notice upon the opposite parties.

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Accordingly, service of notice upon the opposite parties is thus dispensed with.

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Learned Civil Judge (Junior Division), 5^th Court, Alipore is requested to dispose of all the inter

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locutory applications within two weeks after the ensuing Christmas Vacation and to dispose of the Title Suit No. 197 of 2018 as expeditiously as possible without giving any adjournment to either of the parties, unless there is extreme urgency.

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With the aforesaid observation, the revisional application stands disposed of.

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Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

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All the parties shall act on the server copy of this order duly downloaded from the official web site of this Court.

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Petitioner is at liberty to make communication of this order to the Learned Civil Judge (Junior Division), 5^th Court, Alipore as well as to the learned counsel appearing on behalf of the opposite party before the Court of Learned Civil Judge (Junior Division), 5^th Court, Alipore as well as the opposite parties.

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(Bibhas Ranjan De, J.)

Babli Pramanik v. Ashok Kumar Shaw and Anr.

Case brief

What is this about?

What did the court decide?

Babli Pramanik v. Ashok Kumar Shaw and Anr.

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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