(1.) It is shameful to note that a Misc. Case being Misc Case No. 111 of 1980 under Order IX Rule 13 of the Code of Civil Procedure filed by the defendants/applicants praying for vacating the ex parte decree passed in Title Suit No. 268 of 1976 is pending for last 40 years in the Trial Court. The petitioners have prayed for transferring the said Misc. Case from the 2nd Court of the learned Civil Judge (Junior Division), Barrackpore, North 24-Parganas. It is alleged by the petitioners that originally the above-numbered Misc. Case was pending in the 4th Court of the learned Civil Judge (Junior Division) at Sealdah. As a result of bifurcation of jurisdiction the record of the said case was sent to the 2nd Court of the learned Civil Judge (Junior Division) at Barrackpore. It is further alleged that all the records transferred from the 4th Court of the learned Civil Judge (Junior Division) at Sealdah to the 2nd Court of the learned Civil Judge at Barrackpore are dumped in a room and hearing of the cases cannot be taken up mainly because the records so transferred including the record of Misc. Case No. 111 of 1980 cannot be arranged for want of proper infrastructure at Barrackpore Court.
(2.) Considering the nature of allegation made by the petitioners in the instant application, I am of the view that this application may be disposed of even without notice upon the opposite parties.
(3.) The instant application under Section 24 of the Code of Civil Procedure is disposed of directing the learned Civil Judge (Junior Division), 2nd Court at Barrackpore to find out the record of Misc. Case No. 111 of 1980 within 15 days from the date of receipt of this order, serve notice upon both the parties for hearing of the Misc. Case and positively dispose of the same within 60 days from the date of communication of the order.