Calcutta High Court (Appellete Side)
Sri Nripendranath Roy And Another vs Sk. Abu Jaffar And Others on 18 February, 2019
1 S/l.
29. Bpg.
18.02.
2019
In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.597 of 2019 Sri Nripendranath Roy and another Versus Sk. Abu Jaffar and others Mr. Tanmoy Mukherjee.
...for the petitioners.
The petitioners have raised a valid question as to whether the trial court acted without jurisdiction in allowing an application for local inspection ex parte at the instance of the plaintiff/opposite party no.1 without granting any opportunity of hearing to the petitioners and as to whether such inspection was relevant for the purpose of adjudication of the suit.
Accordingly, the petitioners will serve a copy of C.O. No.597 of 2019 on the plaintiff/opposite party no.1 indicating that the matter will appear as a "Contested Application" in the monthly list of March, 2019.
The petitioners will file an affidavit of service on the next date of hearing.
2Service on the proforma opposite parties is dispensed with for the present.
There will be stay of operation of the impugned order as well as stay of all further hearing of Title Suit No.89 of 2018 (CIS No.212 of 2018) pending before the Civil Judge (Junior Division), Second Court at Arambagh, District-Hooghly, till disposal of the revisional application.
It is made clear that this order of stay will not preclude the parties from taking out urgent interlocutory applications in the court below in connection with the suit and if such applications are made, the trial court will decide those in accordance with law without being fettered in any manner by the stay order of this Court.
(Sabyasachi Bhattacharyya, J. )