LAWS(CAL)-2017-11-165

SMT. KAMALA RANI KUNDU Vs. SRI DINESH BISWAS

Decided On November 03, 2017
Smt. Kamala Rani Kundu Appellant
V/S
Sri Dinesh Biswas Respondents

JUDGEMENT

(1.) None appears. However, considering the nature of the proceeding and materials on record being noticed as sufficient, the same is taken up for consideration and disposal on merits.

(2.) The application under Article 227 of the Constitution of India has been directed against Order Nos. 14, 15, 16, 17 and 18 dated November 25, 2013, March 14, 2014, July 28, 2014, January 9, 2015 and October 8, 2010 respectively passed by learned Civil Judge (Sr. Division) at Barasat, North 24-Parganas in Title Suit No. 234 of 2010.

(3.) It reveals that by an order dated November 27, 2012 the suit was posted for hearing ex parte, presumably, for non-taking of steps by the plaintiff-opposite party. However, learned court below by recording Order No. 14 dated November 25, 2013 vacated said order of ex parte hearing with costs of Rs. 300; and pursuing the said order up to October 8, 2015, directed the impugned agreement dated July 28, 2008, on the basis of which the plaintiff was wanting to establish his case to be impounded and the Collector of the district was directed accordingly to assess the deficit stamp duty.