SARBESWAR GIRI Vs. BIMALENDU KHATUA

JUDGEMENT

(1.) This is to consider a revisional application under Article 227 of the Constitution of India which arose out of order dated 28.11.2003 passed in Civil Revision No. 1 of 2003 by Sri Kali Sadhan Samajder, the learned Additional District Judge, Midnapore affirming the order dated 31.08.2001 passed in J. Misc. Case No. 46 of 1999 by Sri S. D. Chatterjee Civil Judge (Junior Division), 1st Court, Contai.

(2.) It appears from the petition that one application under Section 8(1) of the West Bengal Land Reforms Act for pre-emption to pre-empt the land sold in favour of the Opposite Party was filed as an owner of the adjacent land. Subsequently an application for amendment of the original application was filed having claimed pre-emption cm the ground of being co-sharer also of the vendor. It is also stated in Paragraph 6 of the petition that the O.P. did not raise any objection to such proposed amendment. But the learned trial Court by order dated 31.08.2002 rejected the said application in view of the amendment of the Civil Procedure Code which came into force on 1st July, 2002 Against that order the petitioner moved a revisional application before the learned Additional District Judge. But the said revisional application was also dismissed. This revisional application arose against such order of the learned Additional District Judge.

(3.) Heard the learned Advocates for both the parties. Perused the materials-on-record including the orders impugned. On scrutiny it appears that the order of the trial Court is absolutely laconic in nature and it further appears that the concentration and consideration of both the Courts below were only on lack of due diligence to be exercised by the petitioner. Both the Courts below have acted on the amended provisions of the Code of Civil Procedure without taking into consideration the saving and repealing clauses.