Abdul Ohab Mandal v. Sukurali Biswas

117.8.2017 Sl. No. 26 CO 1138 of 2012 (Abdul Ohab Mandal vs- Sukurali Biswas) Though none appears to represent the petitioner, but considering the nature of the proceeding, this application is taken up for consideration and disposal on merit.

The application, being CO 1138 of 2012, has been filed assailing the order dated 18th June, 2011 passed by the learned Civil Judge, Junior Division, 2nd Court, Ranaghat in Misc. Case no. 22 of 2005 restoring the Title Suit no. 7 of 2001 in its original file and number.

Perused the materials on record and the impugned order. It appears that the opposite party as plaintiff filed a suit, being Title Suit no. 7 of 2001, before the learned Trial Court and on the date which was fixed for showing cause, as was directed by the learned Trial Court for non-compliance, the suit was dismissed for default. The learned Trial Court being satisfied with the evidence adduced before him, condoned the delay and in exercise of judicial discretion recalled the order of dismissal of the suit for default and by allowing the Misc. Case no. 22 of 2005, restored the Title Suit no. 7 of 2001 to its original number and file and thereafter, in view of the stage of the suit, date was fixed for peremptory hearing.

2It is obvious that during such process, there was some sort of harassment and delay was caused in the proceeding of the suit. But equally while learned Trial Judge in exercising judicial discretion had allowed the Misc. Case restoring the suit to its original file and number, this Court does not find any legal reason to interfere with the same taking any otherwise view in exercise of jurisdiction under Article 227 of the Constitution of India, specially when learned Trial Court had posted the suit for peremptory hearing.

In view of above, affirming the order dated 18th June, 2011, the revisional application being CO 1138 of 2012, is dismissed on merit.

No order as to costs.

Since none appears, the department is directed to communicate a copy of this order to the learned Civil Judge (Junior Division), 2nd Court, Ranaghat for information and to proceed with the suit, if it is still pending before him.

(Mir Dara Sheko, J.)