Calcutta High Court (Appellete Side)
Atul Chandra Ghorai vs Self And Shebait Of Sree Sree Tileswar ... on 15 September, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
15.09.2014 (PP) C.O. 2259 of 2014 Atul Chandra Ghorai Vs. Self and Shebait of Sree Sree Tileswar Jew Shib Thakur & Ors.
Mr. Bhaskar Ghosh, Mr. Uttam Kumar Bhattacharya .....for the petitioner.
Mr. Soumya Majumder, Mr. Krishnendu Bera ....for the opposite party.
The grievance of the petitioner is that despite an order of this Court passed on September 12, 2013 requiring a specific issue to be framed in the suit as to whether the suit had abated as a whole consequent upon the death of the plaintiff nos.2, 3, 12, 24, 25, 29 and the defendant no.2, the trial court has not framed such issue and has proceeded to take up the trial.
Some of the plaintiffs are represented. Most of the other plaintiffs appear to have been served as per the affidavit of service.
Since it appears to be the undeniable position that the specific issue as to abatement as required to be framed by the order of this Court of September 12, 2013 has not been framed by the trial court, CO 2259 of 2014 is disposed of by requesting the trial court to frame such issue in addition to the other issues framed and decide on such issue first before taking up the other issues.
Since the suit is of the year 1985, the trial court is requested to dispose of the same as expeditiously as the business of the court would permit and without granting adjournments on the ground of lawyer's convenience or the like.
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)