BIKASH CHANDRA DUTTA Vs. ASHOK DUTTA

JUDGEMENT

(1.) The plaintiff of Title Suit No.109 of 2009 has prayed for transfer of the said suit from the 2nd Court of the learned Civil Judge (Junior Division) at Barrackpore to a Court of competent jurisdiction at Sealdah for speedy disposal of the suit. It is stated by the petitioner that he filed the suit for declaration of title, permanent injunction and other consequential reliefs against the defendants in respect of the suit property before the learned Civil Judge (Junior Division), 4th Court at Sealdah. In the said suit the evidence of the defendant was concluded on 13th November, 2018. After the evidence of the defendant being concluded, the record of the suit was sent to the 2nd Court of the learned Civil Judge (Junior Division) at Barrackpore as a result of bifurcation of jurisdiction by virtue of an administrative order passed by this Court. Since then all the records transferred from 4th Court of the learned Civil Judge (Junior Division) at Sealdah to the 2nd Court of the learned Civil Judge (Junior Division), Barrackpore are kept in a room under lock and key and the learned 2nd Civil Judge (Junior Division) is not in a position to conclude the trial of the suit as the physical record was not placed before her.

(2.) Considering the nature of allegation made out by the petitioner as ground for transfer of the suit, I am of the view that the instant application can be disposed of even without serving notice to the opposite party. As per the division of the territorial jurisdiction of the trial Court the learned Civil Judge (Junior Division), 2nd Court at Barrackpore is under obligation to hear out the instant suit. It is alleged by the petitioner that the learned Civil Judge (Junior Division), 2nd Court at Barrackpore is not in a position to take up final hearing of the suit due to the reason that physical record of the suit is not placed before her.

(3.) The problem is absolutely administrative and infrastructual problem for which a litigant should not suffer. Therefore, the instant application is disposed of directing the learned Civil Judge (Junior Division), 2nd Court at Barrackpore to direct her office to place the record of Title Suit No.109 of 2009 before her within a fortnight from the date of receipt of this order. He is further directed to dispose of the suit after giving notice to both the parties within two months from the date of receipt of the order.