Calcutta High Court (Appellete Side)
Mihir Lal Ghosh Dastidar & Anr vs Anjali Saha & Ors on 28 January, 2015
Author: Arijit Banerjee
Bench: Arijit Banerjee
1 24 28.01.2015
C.O. No. 1852 of 2007 NB Mihir Lal Ghosh Dastidar & Anr.
Vs. Anjali Saha & Ors.
Mr. Anit Kumar Rakshit ...for the petitioners.
Misc. Case No. 101 of 1986 was filed by the predecessors of the opposite party nos. 2 to 4 being an application under Section 8 of the West Bengal Land Reforms Act. The present petitioners were added as proforma opposite parties in the said Misc. case. The petitioners made an application under Order 1 Rule 10(2) of the Code of Civil Procedure read with Section 151 thereof for being transposed as pre- emptors/petitioners in the said Misc. case. By an order dated 21st April 2007 the learned Trial Court rejected such application. Being aggrieved the petitioners are before this Court by way of the instant revisional application.
On identical facts between the same parties, (excepting that the vendees were different), a matter came up for consideration by Sahidullah Munshi, (J) being C.O. No. 1851 of 2007. His Lordship by a detailed judgment allowed the revisional application and set aside the order of the learned Trial Judge. His Lordship allowed the application of the petitioners under Order 1 Rule 10(2) of the Code of Civil Procedure read with Section 151 thereof.
Since the said judgment was passed on identical facts, judicial comity requires that the same be followed in this case as well. Accordingly by applying the judgment in C.O. No. 1851 of 2007 I set aside the impugned order dated 21st April 2007 passed by the learned Civil Judge (Junior Division) Second Court, Serampore. The application under Order 1 rule 10(2) read with Section 151 of the Code of Civil Procedure filed by the proforma opposite party nos. 3 and 4 (being the petitioners herein) stands allowed. The learned Trial Court is directed to transpose the proforma opposite party nos. 3 and 4 as pre- 2 emptors/petitioners in Misc. Case No. 101 of 1986.
Since the matter is pending before the Court below since 1986, the learned Trial Court is directed to dispose of the matter as expeditiously as possible and preferably within a period of six months from date.
The revisional application thus succeeds and is disposed of on the above terms.
Urgent photostat certified copy of this order be given to the parties expeditiously, if applied for.
(Arijit Banerjee, J.)