Calcutta High Court (Appellete Side)
Smt. Gita Pradhan & Ors vs Contai Co‐Operative Bank Ltd on 26 November, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 26.11.2019
srm C.O. No. 3927 of 2019 Smt. Gita Pradhan & Ors.
Vs. Contai Co‐operative Bank Ltd.
Mr. Asit Baran Raut, Mr. Nirmalendu Patra, Mr. Debnarayan Patra, Mr. Tuhin Subhra Raut ...for the Petitioners.
The judgement debtor in an award passed by the Assistant Registrar of Co-operative Societies, Midnapor-III, Contai has preferred this application being aggrieved by an order dated September 12, 2019 passed by the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur in J. Misc. Case No.13 of 1991.
According to the learned Advocate for the petitioners, the learned Court below erred in dismissing the application under Order VI Rule 17 of the Code of Civil Procedure filed by the petitioners for amendment of the application under Order XXI Rule 90 of the Code of Civil Procedure for incorporation of the details of payment with regard to the property sold in terms of the award and in respect of which execution case was pending. The learned Court below rejected the application on the ground that 2 allowing an application of such nature would delay the execution as there was a specific direction by this Court to dispose of the proceedings at the earliest.
An arguable case has been made out by the petitioner. List this matter in the Combined Monthly List of January, 2020.
In the meantime, there will be stay of all further proceedings in J.Misc. 13 of 1991 pending before the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur up to April 30, 2020.
Learned Advocate-on-record for the petitioners is directed to serve a copy of the revisional application upon the opposite parties by registered post with acknowledgement due and to file affidavit-of-service on the next date.
(Shampa Sarkar, J.)