BENU BINODE MAJUMDAR AND ANOTHER Vs. MAHADEB BHATACHARJEE

JUDGEMENT

(1.) Despite service of notice on the respondent, none appears on behalf of the respondent on number of occasions. On the last occasion also when the matter appeared before us, further notice was directed to be served upon the respondent by our order dated 22nd December, 2011. In terms of such order, notice has again been served on the respondent. However, today also, none appears on behalf of him.

(2.) A prayer has been made in the application for appropriate order that the matter, pending before the trial Court being Original Suit No.18 of 2007, may expeditiously be disposed of by the Additional District Judge, First Court, Barasat. It appears to us that the suit was filed in the year 2007 and it is further stated in paragraph 3 of the petition that the appellants/ petitioners are senior citizens and suffering from various ailments and on that ground, it is stated that the original suit is required to be heard out expeditiously. It also appears to us that the respondent does not appear before us and evading this Court on number of occasions, even after receiving the notice that the matter would be taken up by this Court. We specifically recorded in our earlier order dated 22nd December, 2011 that if the respondent does not appear, we shall be constrained to take up the matter ex parte and further directed the appellants to communicate the said order to the respondent. We have been informed that step was taken to serve the said order on the respondent. But none appears on behalf of the respondent even today.

(3.) Therefore, we are passing this order directing the trial Court to hear out the suit in question and to dispose of the same as expeditiously as possible, preferably within a period of one year from the date of communication of this order.