PRATUL KANTI PAL Vs. BIJOY KRISHNA SAHA

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India, against the order passed by the learned Sub Judge-VII, Deoghar, dated 30th July, 2009, passed in Title Suit No. 10 of 2004. It appears that earlier, the trial court has passed order on 27th February, 2009 to proceed an ex-parte in the trial and original defendant no. 1 through his Power of Attorney holder given application on 22nd June, 2009 for recalling of order dated 27,th February, 2009, which was dismissed vide aforesaid order dated 30th July, 2009, by the trial court (order at Annexure-5) and therefore, the present writ petition has been preferred by original defendant no. 1.

(2.) Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the order passed by the learned Sub Judge-VII, Deoghar in Title Suit No. 10 of 2004, mainly on the following facts and reasons:

(3.) As a cumulative effect of the aforesaid facts and reasons and in view of the aforesaid assurance, I hereby, allow the application, preferred by the petitioner-original defendant no. 1 dated 22nd June, 2009, and the order passed, by the trial court dated 27th February, 2009 as well as the order, passed by the trial court dated 30th July, 2009 are hereby, quashed and set aside, with cost of Rs. 1,000/- (Rs. One thousand only) to be paid by the petitioner to the original plaintiff, in the trial court, within a period of one week, from the date of receipt of a copy of an order of this Court. The petitioner-original defendant no. 1 will file his written statement and will present his evidence before the trial court and if he wants cross examination of the witnesses, already examined by the parties to the suit, necessary application will be given promptly, so that this process can be over, as expeditiously as possible and practicable. I hereby also, direct the trial court to dispose of Title Suit No. 10 of 2004 on or before 30th August, 2010. Looking to the aforesaid final limit, the trial court will not give unnecessary adjournment to the parties to the suit.