Choleman Mondal & Ors vs Jalal Biswas & Anr

Shampa Sarkar, J

This revisional application is taken up for hearing out of turn, due to urgent mentioning.

The defendant in Title Suit No.12 of 2016 has preferred this revisional application for a direction upon the learned Civil Judge(Senior Division)

Bongaon, 24 Parganas (North) for expeditious disposal of the application filed by the defendant on January 21, 2020 challenging the maintainability of

the said Title Suit on the ground that a similar suit arising out of the self same cause of action, between the same parties relating to the same subject

matter, had been dismissed for default on an earlier occasion and a fresh suit was barred under Order 9 Rule 9 of the Code of Civil Procedure. It is

submitted that the said application is pending before the learned Court below and the learned court was continuing with the hearing of the suit.

This revisional application is disposed of directing the learned Court below to dispose of the application filed by the defendants/petitioners dated

January 21, 2020 on the next date or so soon thereafter but not later than for a period of one month, on its own merits and in accordance with law.

As it is informed that the opposite party no.2/plaitiff has already filed his written objection to the said application, I do not see any reason as to why the

said application could not be disposed of.

The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties within a week

from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.