SUMAN BEZ Vs. SHYAMAL KUMAR DUTTA AND ORS.

JUDGEMENT

(1.) This revisional application is at the instance of the advocate representing the opposite party Nos. 9 to 13, being the defendant Nos. 1, 2, 7, 8 and 11 in Title Suit No. 1 of 2015 filed by the opposite party Nos. 1 and 2 before the learned District Judge, Burdwan, presently standing transferred to and pending before the Court of the learned District Judge, Hooghly at Chinsurah and renumbered as O.S. No. 1 of 2005 (hereinafter referred to as "the said suit"). In the present application, the petitioner has prayed for expunging the observations made by the learned District Judge, Burdwan against him by the Orders dated May 20, 2015, May 27, 2015 and May 30, 2015 passed in the said suit.

(2.) The facts which are relevant for deciding the present application are as follows:

(3.) For the sake of convenience, the parties are hereinafter referred to by their array in the said suit. In the said suit the plaintiffs prayed for, leave under Sec. 92 and Order I Rule 8 of the Code of Civil Procedure, 1908, (hereinafter referred to as "the Code") and claimed, inter alia, a decree for framing of a scheme for management and administration the properties both movable and immovable, belonging to the said deity and the defendant No. 1 Trust Board, to continue the daily seva puja and other affairs of the said deity, as also for appointment of a Receiver/an Ad -hoc Committee/Special Officer to manage and administer the properties and affairs of the said deity and the defendant No. 1 Trust Board. In the said suit, the plaintiffs also filed an application under Order XL Rule 1 of the Code, for appointment of a Receiver over and in respect of the properties of the said deity and the defendant No. 1 Trust Board. On May 13, 2015 the learned District Judge, Burdwan granted the leave both under Sec. 92 and Order I Rule 8 of the Code in favour of the plaintiffs, ex parte and fixed the hearing of the application for appointment of Receiver on May 18, 2015. The learned District Judge directed service of the said application on the defendants and that the defendants were to file their show cause reply on May 18, 2015 positively, failing which the Court would pass an order appointing an Ad -hoc Committee/Special Officer/Receiver as prayed for by the plaintiffs. On May 18, 2015 the hearing of the application for appointment of the Receiver was adjourned till May 20, 2015. On May 20, 2015 the defendant Nos. 1, 2, 7, 8 and 11, filed an application before the learned District Judge praying for, revocation of the ex parte leave granted to the plaintiffs to file the said suit, under Sec. 92 and Order I Rule 8 of the Code. By the order dated May 20, 2015 the learned District Judge refused to recall the ex parte Order dated May 13, 2015 granting leave to the plaintiffs under Sec. 92 and under Order I Rule 8 of the Code and appointed three persons as the Special Officers to carry out various acts in relation to the affairs of the said deity and the defendant No. 1 Trust Board.