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Calcutta High Court (Appellete Side)

Gobinda Ch. Nandy Alias Gobinda Chandra ... vs Gour Ch. Nandy on 21 August, 2017

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

1 Serial No.10.

August 21, 2017.

SG CO 2702 of 2017 Gobinda Ch. Nandy alias Gobinda Chandra Nandy

-versus-

Gour Ch. Nandy Mr Tanmoy Mukherjee ... for the petitioner.

In view of the order proposed to be made, no previous service is required to be effected on the opposite party. The petitioner will be obliged to forward copies of the petition and this order to the opposite party without undue delay.

The petitioner is the plaintiff in a suit for recovery of money and complains of an amendment application being allowed after the trial had progressed substantially. Since the order impugned dated July 14, 2017 gives adequate reasons and the petitioner herein has been compensated with costs, such order does not call for any interference. However, the suit which is pending from the year 2006 needs to be expedited.

At this stage, it is submitted on behalf of the petitioner that there is also an application under Order XVIII Rule 17 of the Code which is pending before the trial court. In an attempt to expedite the process, the petitioner concedes to such application.

2

Accordingly, it is recorded that the petitioner herein does not object to the prayers made in the application under Order XVIII Rule 17 of the Code and such application stands allowed.

CO 2702 of 2017 is disposed of by requesting the Civil Judge (Senior Division), 2nd Court at Howrah is requested to ensure that Money Suit No.20 of 2006 is taken up in its turn and disposed of as expeditiously as the business of that court would permit without granting any adjournment to the parties.

There will be no order as to costs.

( Sanjib Banerjee, J. )