Calcutta High Court (Appellete Side)
Dr. (Mrs.) Sipra Guha vs 56 Arambag Solvent Extraction Private ... on 5 July, 2017
Author: Mir Dara Sheko
Bench: Mir Dara Sheko
1 Ct-30 05.7.2017 C.O 1455 of 2016 Dr. (Mrs.) Sipra Guha Vs. 56 Arambag Solvent Extraction Private Ltd. Co.
Mr. Gopal Ghosh
Mr. Debayan Sinha
ar ... For the Petitioner
Heard Mr. Gopal Ghosh, learned counsel, representing the petitioner, being assisted by Mr. Debayan Sinha.
Though the case is at motion stage but taking note of the innocuous prayer in the application proposing only for direction to expedite the trial of the suit service of notice upon the opposite party is dispensed with and the case is taken up for disposal at the instance of Mr. Ghosh.
It reveals that Title Suit No. 150 of 2012 for eviction was filed on 30th July, 2012. The defendant in the suit appeared on 1st October, 2012. Written statement also has been filed on 30th January, 2013. Issues also have been framed on 9th December, 2013. Relevant issues as would been deemed fit and proper in respect of counterclaim also have been framed on 8th 2 May, 2015. When the suit has come up at the stage of peremptory hearing in view of the application under Section 151 of the Code of Civil Procedure filed by the defendant for permission for repairing works in the premises, the matter started deferring in view of taking adjournments day today up to 18th December, 2015. Therefore, learned Trial Court is permitted to directed the proceeding of the suit by disposing of any pending interlocutory application only within a period of three months from the date of communication of this order and shall conclude the trial of the suit within a further period of one year, which shall be deemed as peremptory in nature. Such exercise shall be undertaken by learned Trial Court without granting unnecessary adjournment to either of the parties.
The revisional application is thus allowed.
No order as to cost.
Department is directed to communicate this order to the learned Trial Court at once for information and necessary action.
3Learned counsel for the petitioner is also given liberty to communicate a copy of certified copy of this order to learned Trial Court so that unnecessary time be not evaded for any communication gap.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Mir Dara Sheko, J.) 4