PEM CHEKI LEPCHA Vs. SHERAP BHUTIA

JUDGEMENT

(1.) THIS matter has been listed today under orders of this Court as it was found that in the statement of pending cases submitted by the Court of the Learned Judicial Magistrate, West Sikkim at Gyalshing, it was indicated that the reason for Private Complaint Case No.4 of 2007 not having been disposed by it thus far was due to order of stay of this Court dated 01-09-2009. Upon perusal of the records of this case, this Court subsequently on 16-11-2009 had also passed the following orders:-

(2.) CONSIDERING the fact that Title Suit No.05 of 2008 was the reason for the issue of the aforesaid order, records of that case was also called for in order to find out the progress of the case.

(3.) THEREAFTER , 07-08-2009 was fixed for filing of documents but was adjourned for six times for the same purpose, i.e., 05-09-2009, 03-10-2009, 04-11-2009, 26- 11-2009, 11-02-2010 and 12-03-2010. On 12-03-2010, i.e., after almost 9 months, when the Defendant No.2, i.e., Respondent No.2 herein, finally filed his documents, he also filed an application under Order XXXIX Rules 1 and 2 and Section 151 CPC. However, strangely enough, . the said defendant after four dates, i.e., 04-05-2010, 28-06-2010, 23-07-2010 and 06-10-2010, in all covering almost 7 months, also chose not to press the application and was accordingly disposed off.