Calcutta High Court
Harish Chandra Jaiswal vs Ram Chandra Shaw And Ors on 31 July, 2023
OD-39
ORDER SHEET
CS/123/2019
IA No. GA/2/2020 (Old No.GA/584/2020)
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HARISH CHANDRA JAISWAL
VS
RAM CHANDRA SHAW AND ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : July 31, 2023.
Appearance:
Mr. S. E. Huda, Adv.
Mr. Sk. Aptabuddin, Adv.
Mr. M. Roy, Adv.
...for the plaintiff Mr. Meghnad Dutta, Adv.
Mr. Arindam Paul, Adv.
...for the defendants The Court: Counsel for the respective parties are present. By an order dated 30th June, 2023 this Court granted leave to the counsel for the defendant nos. 1 and 2 to file their written statement which was affirmed on 30th September, 2019 within a week from the date of order. The Master and Official Referee of this Court has submitted the report dated 20th July, 2023 wherein it is mentioned that though this Court has granted leave to the defendant nos.1 and 2 to file their written statement but till 12th July, 2023 the defendant nos. 1 and 2 have not filed their written statement.
Counsel for the defendant nos. 1 and 2 submits that the advocate-on- record of the defendant nos. 1 and 2 has submitted the written statement affirmed on 30th September, 2019 but the department has not accepted on 2 the ground that only defendant no.1 has signed in the written statement and in the affidavit portion it is mentioned that he is competent to make and affirm the affidavit on behalf of the defendant no.2 also but there was no competency.
Counsel for the defendant nos.1 and 2 prays for leave to file the affidavit of competency on behalf of the defendant no.2 within a week from date.
In view of the submission made by the counsel for the defendant nos.1 and 2, leave is granted to file affidavit-of-competency stating that on 30th September, 2019 the defendant no.2 has given the authorization and the defendant no.1 was competent to make the affidavit in the written statement on behalf of the defendant no.2 within a week from date.
If the defendant nos. 1 and 2 will file affidavit of competency along with the written statement dated 30th September, 2019, the department is directed to accept the said written statement.
Counsel for the plaintiff submits that plaintiff has filed an application being GA/2/2020 (Old No.GA/584/2020) for judgment on admission and submits that pleadings have been completed and the same can be listed for hearing.
In view of the submission made by the counsel for the respective parties, let the matter appear on 11th August, 2023.
(KRISHNA RAO, J.) sp3