Calcutta High Court (Appellete Side)
Jalaram Timber Co vs Sri Mahananda Das & Ors on 6 December, 2019
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1 12.2019 p.b.
. No. 22
C.O. 1231 of 2018 Jalaram Timber Co.
Vs. Sri Mahananda Das & Ors.
Mr. Ayan Banerjee, Ms. Debasree Dhamali.
.......for the petitioner.
The challenge in this revisional application is against the order dated 21st February, 2018 passed by the learned Civil Judge (Junior Division), 1st Court, at Serampore in Title Suit No.288 of 2013 rejecting a prayer for local investigation.
The opposite parties have challenged the suit property describing it to be vague on the ground that it pertains to a different Mouza, than the Mouza shown in A-Scheduled property of the plaint.
Learned advocate for the petitioner submits that Kalipur Mouza is adjacent to Krishnapur Mouza, and this might create a confusion in the mind of the opposite parties and such, confusion may be best removed by resorting to a prayer under Order 26 Rule 9 of the Code of Civil Procedure.
It appears that the learned court below has proceeded to post the matter for peremptory hearing of the suit after rejecting the prayer for local investigation. 2 Upon consideration of such facts and circumstances as submitted by the learned advocate for the petitioner, interference is necessary by granting an interim order.
Let there be an interim order directing the stay of proceedings of the suit, now pending before the learned court below for a period of six weeks from hence.
The petitioner is directed to serve copy of the application along with annexures to the opposite parties by speed post with a/d within a period of one week and to file affidavit of service on the next date of hearing.
The matter to appear in the list under the heading "Contested Application"
after reopening of the Christmas vacation.
(Subhasis Dasgupta, J.)