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Research under the Scheme for Action Research and Studies on Judicial Reforms
Submitted to
Department of Justice, Ministry of Law and Justice,
Government of India
Submitted by
Prof. R. Rajesh Babu, Prof. Sumanta Basu, Prof. Indranil Bose
Acknowledgement
The finalization of ‘Study of Court processes and Re-engineering Opportunities for Improving Court
efficiencies for Justice Delivery in India’ required a lot of guidance and assistance from many people
and we are extremely privileged to have got this all along the completion of this project.
We wish to put on record our sincere gratitude to the Department of Justice, Ministry of Law & Justice,
Government of India, for giving us the opportunity to undertake the ‘Study of Court processes and Re-
engineering Opportunities for Improving Court efficiencies for Justice Delivery in India’.
Our sincere thanks to the Hon’ble High Court of Calcutta for giving us the necessary permission and to
the Judges of the District Courts who despite their busy schedule met us and the research team and
provided us with valuable inputs and guidance.
We express our sincere appreciation to all the lawyers and litigants who took part in the in-depth
interview and filled up our questionnaire. We also acknowledge with deep appreciation the our
research assistant Ms. Moumita Roy for the research support for conducting the interviews and in the
collection of data for the project report.
We also thank our institute, the Indian Institute of Management Calcutta (IIMC) for providing all the
necessary support for the successful completion of the project.
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Study of Court processes and Re-engineering Opportunities for Improving Court efficiencies for
Justice Delivery in India
Executive Summary
The Indian Judiciary is one of the three branches of the government and is independent from the
executive and the legislature. The court system in India is set according to a hierarchy with the Supreme
Court of India at the apex of the hierarchy followed by the High Courts of the respective states, then
the District courts and then Magistrates of Second Class & Civil Judges (Junior Division) form the bottom
of the hierarchy. While the Supreme Court of India is primarily an appellate court with a few instances
of original jurisdiction, the High Courts also act as the administrative head of the subordinate judiciary
in the respective states. Rules and regulations regarding administration, disposal of cases, language of
record, etc. are largely determined by the High Courts.
Long delays in processing cases are common in the Indian judicial system. The incessant delays in the
court cases affect fairness and efficiency of the judicial system which in turn weakens ‘access to justice’,
democracy, the rule of laws and enforcement of those laws. This problem persists despite the fact that
for more than 60 years, judges, lawyers, and policymakers in India have studied and experimented with
ways to speed the processing of civil and criminal cases. Delay reduction programs, however, need to
be checked at the micro level rather than providing general prescriptions for major causes of delay.
The judicial delay and the resultant access to justice issues have led to affirm the belief that “Law is
nothing but the convenience of the powerful”. Law and the judicial system must work equally for all
sections of the society, yet it runs parallel between two different sections of the society – one for the
rich and the resourceful, and the rest with no or limited resources. Large backlog of cases have not only
resulted in justice delay but a long pending resolution of such cases have been creating frustration
within the society as well causing inevitable abuse and lack of trust on the system and policymaking at
large. This report attempts to understand the sources of those delays and propose some corrective
measures that may be considered to tackle the delays.
Types of Functionalities identified
40 randomly selected civil cases (See Annex I and II) of different types from the 24 South Parganas
District Court jurisdiction were analysed to understand the functionalities involved and delays in detail.
Summary of each case is listed in the appendix. The following tables summarize the duration of the
delay and the percentage contribution to delay.
Type of Functionality Average Duration in Weeks
Court functioning 35.79
Awaiting order/instructions from High Court 22.00
Request by defendant 13.38
Request by plaintiff 11.33
Adjourned for passing judgment 9.13
Presiding officer busy 7.32
Presiding officer on transfer order 5.12
Presiding officer on leave 4.75
Scheduling error/holiday declared/strike 4.53
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In depth interviews were conducted to understand stakeholders view on the delay and propose
corrective measures accordingly.
Litigant’s views
• Constant adjournments: The pre-announced dates undergo constant changes because of the
excuses given by the other side or opposition party. The usual stated reasons are that the senior
lawyer is absent, the client couldn’t be present for the hearing, some annexures need to be
attached, there are smaller petitions pending that needs to be disposed off, etc. The inability of the
litigant to be present on most dates and the lacunae of the system to check the same has often
been used by lawyers a frequent reason for the adjournment. Adjournments are also asked when
lower court record for the previous case needs to reach the courtroom without which there can’t
any proceeding.
• Another key reason stated by most litigants is the absence of judges in many cases. Since he is the
presiding officer, every decision needs his attestation for the order to be put into effect. Either they
are burdened with overload of cases, on leave or being transferred. In such cases the litigant is
given another case date. Apart from these causal reasons, it has been noted by some litigants that
the judge, even being present in the court has to give another date for hearing or for disposal of
petition.
• Multiple cases are filed by the same person, record from the previous cases need to be annexed
filing of same cases in the higher court for revision are also reasons that delay the initial / main case
to a great extent. In some cases it takes years for the previous records to be retrieved from the
lower court record room because they are not indexed and maintained properly.
• At times delay is also from the litigant’s part because there might be some latent /hidden benefit
that has led to filing of the cases. Thus they file cases to drag them.
• Since the lawyers are also colleague cum friends, sometimes they plan and take steps accordingly
without the conscious agreement or knowledge of the litigant.
• Holidays and vacations also leads to court adjournments thus leading to subsequent delays -
another issue cited by the litigants. Practically, a case end up getting only 5- 6 dates in a year at
most which is one of the lingering causes for the pendency of the cases. In lower courts a total of
220 working days with huge backlog of cases has been creating frustration and disappointments
across all sections of the society.
• Absence of lawyers has been stated as one of the prime reasons for adjournment in the court
functioning processes. Further, since advocates have to deal with multiple cases at the same time
they can’t be present everywhere, hence some cases have to delay so that pertinent ones can be
immediately attended. Lawyers also continue to take long dates so as to cover the tenure of the
current judge (the tenure of a judge is for a period of 2-3 years ) and present the case afresh to the
new judge.
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• Requests from the lawyers like the senior lawyer being not well or the opposition party is staying
out of the state or country or evidence not able to come or be presented or proper documents and
exhibits needs to be attached as annexures or some smaller petition is still pending which needs to
be disposed before moving to the main case are also cited as cause of delay.
Lawyer’s views
For decades, it has been seen that lawyers have primarily been the agents who link the requirements
of the litigants to the suitability of the legal procedures being installed by the legal system.
• The primary reason for delay as explained by most of the lawyers is lack of judges. Since judges are
holding the autonomy to pass a judgement for disposal of cases, they are the ultimate decision
makers. But since they are an integral part of the court management system, they are also
responsible for the administrative duties and responsibilities which includes, disposal of interim
petitions, transfer orders, busy with other cases or court related work etc. In lower courts, judges
are transferred every 2-3 years which may also causes the seats to remain vacant for months or
more because of paperwork and sorting issues related to pendency of cases. Also there are delays
related to the appointment of judges which is a very cumbersome process as stated by most of
them because its time and opportunity costs are high.
• The second reason is poor infrastructure as stated by few lawyers. Due to less court rooms and high
pendency of cases (both old and fresh cases), the problem of multiple dates for disposal of one
case is an inevitable problem.
• There is a pertinent problem of inadequate court staff who are responsible for the maintenance
and protection of court documents as well as to guide the lawyers and litigants to the whereabouts
of their cases. The problems of absenteeism, low commitment towards their work, short duration
transfers and lack of administrative training has been intermittently contributing to the long delays
as well.
• Technology is a very important and the most required component to bring drastic change in the
lower courts which is followed by Supreme Court and high courts in India. Massive cases are lying
in the court rooms which still need to be replaced by the digitisation. For e.g. – in some civil cases
it has been seen that the lower court record (LCR) takes years to reach the respective court room,
because the records are not yet found by the personnel in the record room. Most cases have many
interim petitions and other smaller cases added to them which requires to be disposed off before
moving to the main case. Thus lack of adequate technology is leading to higher pendency of cases.
• There is a huge delay due to the processes of court functioning which results from the litigants
occurring during the trial stage namely non-attendance of witnesses, non-appearance of lawyers,
lengthy oral arguments, arbitrary adjournments, delayed judgments.
• Lastly, cases are dragged by either of the party in some cases because there is a greater profit /
benefit that is available on filing a case, hence misused by litigants or lawyers at times. Thus the
legal system is sometimes misused by frivolous litigation. There are also delays whenever appeals
are filed by litigants on matters of fact or matters of law , causing delay at the appellate stage .
Moreover, during the execution stage also some form of delay does happen for instance in eviction
cases related to urban property, delays are caused by successive attempts to obstruct delivery.
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Thus it is greater need for significant contribution from the Government to improve the judiciary
process. More commitment, improved and well implemented policies would eradicate the problem of
neglect that litigants are facing in the hands of a system which disregards their sufferings instead of
reciprocating to them.
Select recommendations for improvement (see pp. 41-48)
• Long adjourned time period. Being the decision making authority of the court, presiding officers should
be sensitized about the apathy of litigants for this delay. Attempt must be made to speedup long
pending cases with shorter adjournments, and the presiding officer must be empower to such
discretionary power in the interest of the judicial process. Behavioural training should be imparted at a
frequent intervals to sensitize the presiding officers. Some policy changes in terms of designing a penalty
structure is required to stop unnecessary adjournments. Secured video conferencing facility may be
established to reduce the time delay.
• The court administration and other personnel are equally responsible for the adjournments, having
their individual contributions in the cases as a whole. Thus proper training and recruitment of more
focussed and efficient personnel can lead to less of carelessness and more of seriousness from their
side. Many of them can also be outsourced to meet the growing requirement of handling multiple
cases and the backlogs.
• Lawyers are mostly willing to file multiple cases within the radar of one lawsuit because this is their
business. But the judges have the authority to accept or reject such petitions after careful perusal
or may be dispose of the petition within a week’s time. Thus putting limit caps on the duration of
smaller petitions can definitely help the litigants to a great extent.
• Digital technology has reached its peak in every aspect of our lives hence it should replace the
manual labour that still operates within the congested and overcrowded rooms of lower courts
leading to lesser paper filing and more sorted digitisation of cases. The court rooms needs to be
cleaned and infrastructure needs to be expanded to house the many cases that are being filed
already and are being filed every day. Online tracking and monitoring of cases by a central
information system of the court could be helpful. Many more fast-track courts are required even if
they would be premium pay based - at least judgement will be delivered, more judges or a body to
take decisions should be there to monitor the cases online, time based settlement and clustering
of same cases can lead to easy facilitation.
• Round the clock court service which centralized facility for filing of cases, fees, document uploads.
• More judges needs to be recruited to fill up the vacancies and meet the court’s demands. No room
should lie vacant, moreover, all the cases that need to be heard on a particular date should be
heard on the same day and not being given an adjournment, to be heard on the next date.
• The judges must be empowered to provide for promptness in delivering the judgements. Providing
managerial training programmes for judges and court official to increase efficiency in their
respective job roles and duties is essentially important.
• More judges should be recruited, thereby increasing the number of sanctioned judges to fill up the
vacancies; special attention should be paid to the transparency of the procedures in order to avoid
cases of nepotism or political influence in the appointment of judges.
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• All courts should be on a fast track mode - the way fast track courts work especially during the trial
stage where maximum delay is caused. A period of 5 years should be fixed for the disposal of cases,
putting limit caps to case duration.
• The working days of judges and other court officials needs to be increased on an average. Due to
strikes and holidays the lower courts functions for a period of 220 to 240 days or less. This leads to
delay in cases a whole. Also , it should be noted that the problem of multiple cases (a court date is
assigned after 2 months hence 4 to 5 dates in a year) , their complexities and lesser working days
leads to increase in case duration. Implementing such cultural changes in particular can be difficult
because they require changes in the way people work.
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Table of Contents
Acknowledgement ................................................................................................................................... 1
Study of Court processes and Re-engineering Opportunities for Improving Court efficiencies for Justice
Delivery in India ....................................................................................................................................... 2
Executive Summary.................................................................................................................................. 2
I. Introduction ....................................................................................................................................... 9
1. The Judiciary in India.......................................................................................................... 9
2. The Supreme Court of India ............................................................................................... 9
3. High Courts of India ........................................................................................................... 9
4. Challenges facing the Judiciary in India ........................................................................... 10
5. Process Flow of a suit through the Court......................................................................... 13
6. The District Judge’s Court, South 24 Parganas District .................................................... 15
II. Findings from Case Research ....................................................................................................... 19
7. Findings from the Stakeholders’ Survey .......................................................................... 28
8. Findings from the Litigants survey ................................................................................... 28
9. Findings from the Lawyers survey ................................................................................ 43
10. 13 Observations related to Court Process.................................................................... 48
III. Conclusion & Recommendations ................................................................................................ 51
References ............................................................................................................................................ 61
Appendix A: Questionnaire for Litigants ......................................................................................... 62
1. Basic Profile .................................................................................................................. 62
2. Court Specific Questionnaire ........................................................................................ 63
3. Court Process Questionnaire ........................................................................................ 65
Appendix B: Questionnaire for Lawyers .......................................................................................... 68
1. Basic Profile .................................................................................................................. 68
2. Court Specific Questionnaire ........................................................................................ 68
3. Process of Adjournment ............................................................................................... 69
4. Court Process Questionnaire ........................................................................................ 70
APPENDIX 1 ....................................................................................................................................... 74
1. Case 1: Suit No. 54 of 2003........................................................................................... 74
APPENDIX 2: Cases from 1 to 39 ..................................................................................................... 84
2. Case No.1 ...................................................................................................................... 84
3. Case No.2 ...................................................................................................................... 93
4. Case No. 3 ..................................................................................................................... 98
5. Case No.4 .................................................................................................................... 103
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I. Introduction
2.2 The sanctioned strength of the Supreme Court of India is 1 Chief Justice of India along
with 30 judges of the Supreme Court. Articles 124 to 147 (Chapter IV of Part V) of the
Constitution of India deal with the role, responsibilities and powers of the Supreme Court of
India [2].
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has geographical jurisdiction. As a court with original jurisdiction, suits and cases can be
directly brought to it in a wider variety of matters than enjoyed by the Supreme Court of India.
As an appellate court, it has jurisdiction on all matters disposed of by the lower courts and
some tribunals in its geographical jurisdiction. The High Courts also has administrative
responsibilities apart from juridical responsibilities, with the High Court being responsible for
setting out the administrative mechanisms for the lower courts under it. These include various
civil courts, criminal courts, family courts and other district courts. [3]
3.2 Articles 214 to 232 (Chapter V of Part VI) of the Constitution of India deal with the role,
responsibilities and powers of the High Courts of India.
4.2 Despite the overwhelmingly positive attitude of the public towards the judiciary, there
are several issues that plague the judicial system in India. The first and foremost is the issue
of trials pending by the millions. Indian courts have millions of pending cases. According to
the National Judicial Data Grid (accessed on 20 Dec 2018), there are close to 29 million cases
(both civil and criminal) pending across the various district and lower courts in the country.
Of these, over 56% are cases which have been pending for more than 2 years. In the various
High Courts, the number of pending cases is around 5 million cases.
4.3 If we look at the numbers for the state of West Bengal, which is the focus of this
project, the numbers are even worse. The state has about 2.2 million cases pending at the
District and Taluka Courts, of which more than 30% of these have been pending for more than
5 years. The number of new cases filed in West Bengal in the last month (18985) outstrips the
number of cases disposed of (14032) by around 5000 in the same period. At the High Court
of Calcutta, about 243456 cases are pending in with about 37% pending for more than 10
years. (National Judicial Data Grid (accessed on 20 Dec 2018).
4.4 This brings us to one of the core issues that troubles the judiciary. The number of
judges is grossly inadequate to handle the increasing workload of cases. This point was
poignantly driven home by the Chief Justice of India in a joint conference of the Chief
Ministers and Chief Justices of High Courts last month. Addressing the conference, the Chief
Justice of India lamented the fact that the executive was not proactive enough in raising the
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sanctioned strength of judges in the judiciary from the current 21,000 to the required 40,000.
He highlighted the recommendations of the Law Commission in 1987 which suggested that
the number of judges be raised from 10 judges per 10 lakh people to 50 judges per 10 lakh
people.
4.5 During interaction with the judges in the civil courts at the District and Sessions Court
at Alipore, it was observed that a Civil Judge (Junior Division) has to handle approximately 60-
65 cases/suits on average daily. This number is much higher for judicial magistrates (who deal
with criminal cases) touching almost 200 on average per day. Of the 60-65 cases/suits that
come up before the Civil Judge (Junior Division), around 10-15 are cases for which final
hearing is due, 15-20 for which substantial hearings of petitions are to be done (each of these
can range from around 15 minutes to a few hours) and the rest (30-35 cases/suits) which are
in different initial stages.
4.6 While most judicial officers we spoke to seem to agree on the requirement for more
number of courts and appointment of judges, they caution against indiscriminately setting up
of the same. It has been consistently pointed out to us that along with increasing the number
of courts set up, the administration should also pay attention to the case load in the different
areas/police station limits. Several examples have been given where a court has been
established in a town which has medium case load (thus reducing the burden on the existing
courts of that town to a lesser extent) while cities/towns with very high case load have not
been sanctioned more courts/judges. Also, it has been pointed out that along with setting up
new courts, the strength of the support staff needs to be increased. In many of the courts in
West Bengal, the situation is that the strength of the support staff has not been increased by
much in the last few decades (a lot of the sanctioned posts are lying vacant as well with
recruitment not having happened in the recent past) while the case load has increase many
times. As a result, it is an open secret that there are non-employees working in the court
helping the clerks and judges with various tasks such as filing, scheduling, etc. (Since these
people are not employees or the court but still need to be paid, it is anybody’s guess as to
how they are paid).[5]
4.7 This huge case load faced by the subordinate courts is further complicated by the
relationship between the High Court of the State and the lower courts. While the High Court
is strictly an appellate court when it comes to suits/cases which fall under the pecuniary and
territorial jurisdiction of the lower courts, the parties to these suits can always approach the
High Court alleging violation of their rights in the proceedings of the lower court and seeking
redressal of the same. These are either in the form of an appeal or revision. Most of these are
in form of revisions, wherein the High Court need not ask for reasoning and generally takes a
decision based on the facts available to it (either in the form of the case notes of the lower
court or submissions by the party in front of the High Court). In such a scenario, the High Court
might not go into great detail into the details of the case and there is a possibility of being
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4.8 The other major issue which is hampering the speedy disposition of justice is the poor
infrastructure that the judiciary has to work with. The courtroom had files stacked all along
the walls and in every available space (within cupboards, on shelves, along the floor, even in
nooks and crannies). There are 4 wooden benches made available for sitting with 2 of the
benches being used by the two different parties and their respective lawyers (the other
2benches appear to be for the use of witnesses, observers, parties to other cases scheduled
for the day, etc.) There is one judge in every court, one peshkaar (court crier) who makes
pronouncements calling different parties or witnesses to the court, one stenographer and one
additional clerk. The files which are stacked in the court room as well as in the judges’
chambers that are in a very poor condition – with one of the clerks in a different court room
we spoke bemoaning the possibility of their being lost to termites/rats or rains.
4.9 The court proceedings are conducted in Bengali although the orders are recorded in
English and the records also maintained in English. There was a brief period in the early 2000s
when the orders were recorded in Bengali as well in accordance with a guidance issued by the
Calcutta High Court. But they have reverted to recording the proceedings in English since
then.
4.10 For the entire duration of the proceedings the court room was open (doors and
windows open). This meant that one could clearly hear the court criers of other court rooms
calling for the parties to be present, people gossiping and arguing in the halls, traffic on the
street, etc. All of this was clearly having an effect on the environment in the court room and
reflected in the behaviour of the lawyers, parties and clerks themselves. There were
numerous occasions when lawyers who were not arguing their case would walk in and speak
to the peshkaar or the other clerk (maybe in an attempt to get a favourable scheduling) or
chatting with each other and the clerks (there was an incident where the senior lawyer was
presenting the case to the judge and junior lawyer was chatting with the clerk – not discussing
but chatting).
4.11 The lack of professionalism or lack of fear of adverse consequences also encourages
parties to a case to not turn up for their hearings. Parties typically file ‘hazira’ before the court
on the morning of their hearing. ‘Hazira’ is akin to the parties marking their attendance in the
court. However, filing ‘hazira’ does not imply that the parties shall be present later during the
day when they are called on to present their case. In the two suits that we shall discuss, the
proceedings were adjourned on numerous occasions because either one of the parties of both
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the parties did not turn up (sometimes despite filing ‘hazira’). On such occasions, we believe
that the guidelines do not encourage the judges to impose penalties on the parties in the
interest of serving justice. However, it is this good natured intention that the parties take
advantage of and try to drag proceedings as long as possible if they feel they may end up with
an adverse judgement. This is one of the ways in which cases are delayed. Another is by
speaking to the clerk and getting the scheduling of the case postponed or delayed as much as
possible.
4.12 While all of the above mentioned points might seem like they require a long term
solution both in terms of physical infrastructure as well as change in the behaviour of the
court officials (lawyers and clerks), there are some minor modifications which we believe can
be undertaken and which could go a long way in smoothening the functioning of the court.
While each court room and judge’s chambers are equipped with a Personal Computers (PC),
we rarely found the judge or the clerk using the PC during the course of proceedings. Even
the scheduling of the cases was being done manually with the court diary being referred to
before fixing the date of the next hearing. We feel that using an automated process or a
software to do the scheduling would smoothen the process greatly while at the same time
allowing the judges to balance their work load on any given day (which would further reduce
the possibility of cases being adjourned due to large work load). At the same time, conducting
an HR audit of the legal system which would allow for the updating of the required number
of posts, notifying the increased requirement and conducting recruitment drives for these
posts would greatly help in reducing the burden on the existing judicial officers and support
staff. Apart from reducing the burden, it would also help in making the system more
impervious to graft and influence. [7]
5.2 However, before we get into understanding the issues at the lower courts level as well
as trying to foresee possible complications in implementing solutions, we need to first
understand how the cases/suits make their way through the legal system. We will be looking
at the general path taken by a suit in the lower court. Once we understand the process as a
general case, we will look at a specific suit to see how the flowchart/process was followed in
that particular suit. [8]
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Judgement Issued
5.3 As we can see from the flowchart above, the entire process from the filing of a suit
(also called a plaint) to the issue of judgement encompasses 11 steps. These steps are listed
below:
1. Plaint filed
2. Scrutiny of plaint
3. Registration of plaint
4. Admission of plaint
5. Summons issued to parties
6. Written Statements filed by the parties
7. Determination of issues
8. Examination and cross-examination of witnesses
9. Arguments by parties/lawyers
10. Judgement issued
11. Execution
5.4 The first four steps of this process comprise the stage of pre-admission where the
court is evaluating if the plaint is even to be admitted or to be straight-away dismissed. The
next 3 steps of the process are part of the pre-hearing stage. It is in stage 7 where the
determination of issues that need to be resolved in the suit are identified/finalised that
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parties may file interlocutory petitions with the court with various prayers such as dismissal
of the case, prayer for interim relief, petitions regarding locus standi, etc. The steps 8 to 10
comprise the actual stage of hearing where the learned judge listens to the evidence
presented by and arguments of the parties and/or their lawyers and issues a judgement based
on them.
5.5 Once the plaint is received by the court, scrutinised, the requisite fee paid and the
plaint has been admitted by the court, the court directs the issuance of summons to the
opposing party asking them to file a written statement within a particular duration of time.
The entire process of the suit now comes into its main stages with the majority of the
adjournments happening from this stage onwards. The pre-admission stages of suits are
purely administrative and there is not much delay happening at the pre-admission stage.
5.6 With a view to understand the movement of suits through the system and try to
identify that major causes for the adjournments granted and delay in deciding the suits, we
randomly selected two cases from the court of Civil Judge (Junior division), Alipore Court. We
shall look at the subject matter of the cases below with the actual proceedings of the cases
being summarized in the appendices. We shall also be presenting two other appendices,
where we will summarise the duration and number of adjournments classified according to
cause. [8]
6.2 The highest court in the South 24 Parganas district is the District Judge’s Court also
known as the Alipore Sadar District Court. These court premises which have been declared a
heritage structure are historical in nature with the buildings being the place where the trial
of Rishi Aurobindo Ghosh took place in the Alipore Bomb case (May 1908-1909).
6.3 The current project is focused on the cases randomly selected from this Alipore District
Court jurisdiction. A total of 125939 Civil Cases 210977 criminal cases are pending in South 24
Parganas district as on 20 Dec 2018 (National Judicial Data Grid (accessed on 20 Dec 2018).
The territorial jurisdiction of South 24 Parganas district court is shown in the table below:
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7.1 Subordinate judiciary the first point of judicial access for the people and the problems
of judicial processes are felt the most. It is for this reason that our study is proposed to be
conducted at the subordinate court level and the cases are randomly selected from the Alipore
jurisdiction from the main documentation room. Our proposal proposes to study:
Study of Court processes and re-engineering opportunities for improving court efficiencies
for justice delivery in India
The study would focus on the following sub-themes:
a) Identifying the bottlenecks responsible for causing delay in disposal of civil cases
in courts and possible policy and procedural changes necessary for reduction of
pendency;
b) Study on court management techniques for improving the efficiency of
subordinate courts; and
c) Re-engineering procedure of process service for reducing delay in court
proceedings.
These four interconnected issues have close bearing on the effectiveness of judicial processes.
The study shall analyze each topic and would attempt to prescribe systemic solution to
address both specific and general problems.
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8. Methodology
8.1 The study used both quantitative and qualitative survey methods. The quantitative
survey comprised a court case survey (at court point) to fetch specific relevant information.
These responses allowing us to produce a richer analysis by identifying major delay types
along with both duration and frequency of delay [10]. Once we have identified the major
delay sources, a qualitative survey methodology is adopted to seek responses from both
litigants and lawyers to understand their views against the observation from case analysis.
8.2 The qualitative component of the research included Key Informant Interviews (KIIs),
in-depth interviews (IDIs), case studies, and a review of court documents in court [11]. A total
of 23 in depth Key Informant Interviews (KIIs) and 40 case studies of court cases (all of which
were closed with verdict delivered in between 2010 and 2013) and literature review of
relevant reports, project design document and court documents, were employed. Target
groups for the interviews were the two key stakeholders (litigant and lawyer) of the Indian
judiciary.
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9.1 We analysed randomly selected 40 civil cases of different types from the 24 South
Parganas District Court jurisdiction to understand the reasons of case processing times and
delays in detail. Summary of each case is listed in the appendix. In this section, we provide a
snapshot by identifying major functionalities along with both duration and frequency of
functionality. The following tables summarize the duration of the functionalities and the
percentage contribution of each functionality.
Table 2: Duration (in weeks) based on different functionalities
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9.2 We have also illustrated the pareto diagram by sorting the functionality types with
respect to both duration and frequency as follows:
20.00
15.00
10.00
5.00
0.00
Request by plaintiff
Defendant absent
Court functioning
Scheduling error/holiday
Awaiting order/instructions from
Plaintiff absent
Request by defendant
declared/strike
High Court
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
0.00%
Defendant absent
Request by plaintiff
Court functioning
Scheduling error/holiday
Plaintiff absent
Request by defendant
declared/strike
High Court
9.3 From both tables and figures, it is evident that Court Functioning along with Requests
by litigants (plaintiff or defendant) primarily contribute to the case duration in delivering the
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judgment. We have defined court functioning as a broader reason bucket to cover those
reasons that cannot be specified within a particular source of delay. For examples, following
sub-categories are included in court functioning:
• Information delay: During the court proceedings, litigant is requested to provide
additional information to substantiate certain arguments. Providing this information takes
significant amount of time primarily because of two reasons: a) difficulty in obtaining the
desired information with very limited support from the court side and b) the party is
unwilling to divulge the information.
• Adjournment by the Presiding Officer: Presiding officer also adjourns multiple times for
various reasons that include seeking more information from both parties, requesting for
witnesses, etc.
• Long adjourned time period: The time period between two adjournments are significantly
longer than the average duration. There is no specific control that is exercised to reduce
the inter-adjournment time if sought intentionally by the litigant. This study found no
procedural understanding on the maximum idle time that forces all stakeholders to
expedite the process.
• Absence of witness and follow up action: In many situations, presiding officer has to wait
for a particular witness to appear and it takes longer time than expected. There are vested
interests that contribute to this delay without any corrective measure exercised by the
court.
9.4 In the next part, we have observed the average frequency of functionalities to
understand its recurrence pattern in one case. Following tables and figures summarize the
average number of times and percentage contribution to each functionality.
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9.5 From the tables above, it can be concluded that maximum number of postponement
requests come from Court Functioning followed by requests from litigants. Awaiting
instruction from upper court is also a commonly cited reason as it is next to Court Functioning
in terms of average frequency. Similar information is illustrated in the pareto diagrams.
20.00
18.00
16.00
14.00
Number of times
12.00
10.00
8.00
6.00
4.00
2.00
0.00
Request by plaintiff
Defendant absent
Court functioning
Scheduling error/holiday
Awaiting order/instructions from
Plaintiff absent
declared/strike
High Court
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25%
20%
15%
10%
5%
0%
Request by plaintiff
Defendant absent
Court functioning
Scheduling error/holiday
Plaintiff absent
Request by defendant
declared/strike
High Court
9.6 We further analyse the durations by segregating those in terms of regular duration
and delay (in weeks). From Table 6, we found that the average regular duration is 60 weeks
with a standard deviation of 50. If we take out the outliers by excluding the cases with more
than 100 weeks of duration, average duration reduces to 43 weeks with standard deviation
of 23. From those data points, we can infer that the regular duration of a case will vary from
40-60 weeks with 70% of the cases will be closed within a deviation of 20 weeks.
When we observe the delay duration in Table 7, we found that the average delay is 13 weeks
with the top three delay types as: i) presiding officer on leave, ii) Awaiting order/instructions
from High Court and iii) Scheduling error/holiday declared/strike. Top three delay types also
constitute 75% of the delay duration.
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Table 6: Regular case duration (in weeks) for the cases analysed
Adjourned for
Court Request by Request by Presiding Regular case
Case No. passing
functioning defendant plaintiff officer busy duration (in weeks)
judgement
1 18 42 15 75
2 8 45 10 63
3 1 13 5 3 22
4 22 5 20 3 50
5 16 16 34 8 74
6 181 1 8 20 210
7 10 4 2 1 17
8 6 1 7 3 17
9 10 41 1 2 54
10 10 41 1 2 54
11 17 3 14 2 36
12 3 3 6
13 8 3 4 15
14 1 1 4 6
15 5 22 2 29
16 5 18 7 30
17 20 2 29 51
18 11 8 11 6 36
19 9 3 15 27
20 7 2 36 6 51
21 14 6 4 24
22 43 24 36 6 109
23 26 27 53
24 40 40
25 23 8 31
26 20 20
27 91 5 96
28 31 3 34
29 12 12
30 24 14 7 6 51
31 59 5 2 1 67
32 53 11 15 6 6 91
33 27 8 12 2 49
34 53 8 2 63
35 51 7 8 3 69
36 86 9 8 103
37 107 7 14 8 136
38 110 9 20 4 143
39 158 17 23 16 12 226
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Table 7: Delay in case duration (in weeks) for the cases analysed
Presiding
Presiding Both Awaiting Scheduling
Case officer on Defendant Plaintiff
officer on parties order/instructions error/holiday Total
No. transfer absent absent
leave absent from High Court declared/strike
order
1 3 7 1 1 1 13
2 8 3 11
3 4 1 1 6
4 3 1 4
5 1 2 3
6 2 2 5 9
7 1 1 1 68 4 75
8 5 8 13
9 7 2 9
10 7 4 11
11 3 8 11
12 0
13 2 1 3
14 1 1
15 16 4 20
16 7 5 12
17 1 2 5 8
18 2 2 3 7
19 2 2 4
20 12 1 2 15
21 17 4 21
22 4 1 1 6
23 2 2 5 1 4 14
24 12 3 4 19
25 2 4 1 5 12
26 1 3 3 7
27 3 3 1 7
28 3 2 5 10
29 6 35 41
30 4 2 1 7
31 1 32 33
32 2 2 4
33 2 4 1 7
34 3 6 9
35 5 3 8
36 2 8 5 5 20
37 3 7 3 3 16
38 7 8 3 18
39 11 14 10 5 7 47
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9.7 Guidelines on the case timeline from The Commercial Courts, Commercial Division
and Commercial Appellate Division of High Courts Act 2015
The Commercial Courts, Commercial Division and Commercial Appellate Division of High
Courts Act (hereinafter 'Act') 2015 was enacted to adjudicate on matters of commercial
disputes of specified value and matters which are related or connected to that issue.
The timeline provided for the Commercial Courts could be suitably amended classifying the
case based on its complexity and type. The provisions of the CPC 1908 could be suitably
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amended. This amendment should however restrain the higher courts interference restricted
to limited situations only.
A quick reference to CPC Order XVII: Adjournments also gives us the existing rules which is
seldom reflected in practice:
(1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of
them, and may from time to time adjourn the hearing of the suit.
(2) Costs of adjournment- In every such case the Court shall fix a day for the further hearing of the suit and
may make such order as it thinks fit with respect to the costs occasioned by the adjournment:
Provided that,-
(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all the
witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be
recorded by it, the adjournment of the hearing beyond the following day is necessary.
(b) no adjournment shall be granted at the request of a party, except where the circumstances are
beyond the control of that party,
(c) the fact that the pleader of a party is engaged in another Court, shall not be, a ground for
adjournment,
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his being
engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant the
adjournment unless it is satisfied that the party applying for adjournment could not have engaged another
pleader in time,
(e) where a witness is present in Court but a party or his pleader is not present or the party or his pleader,
though present in Court, is not ready to examine or cross-examine the witness, the Court may, if it thinks fit,
record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-
chief or cross-examination of the witness, as the case may be, by the party or his pleader not present or not
ready as aforesaid.
2. Procedure if parties fail to appear on day fixed
Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the
Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such
other order as it thinks fit.”
9.8 Using the insights by studying the set of diverse cases, we proceed to the next step
by interviewing litigants and lawyers with relevant questions. This helps us to take their
views to understand the issues in detail.
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11.1 In India, perceived judicial reluctance may lead to the belief among the litigants that
“Law is nothing but the convenience of the powerful” (comment as received from one of
litigants). Another litigant complained that law should be equal for all sections of the society,
yet it runs parallel between two different sections of the society – one for the rich and the
resourceful and the other for the small men with no resources at all. This comments received
are in line with the objective of this project to eradicate the delay in justice delivery process
as “justice delayed is justice denied”. Large backlog of cases have not only resulted in justice
delay but a long pending resolution of such cases have been creating frustration within the
society as well causing inevitable abuse and lack of trust on the system and policymaking at
large.
11.3 The graphical illustration as well as histogram representation of the above information
is given below:
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>18
13%
20%
18-24
13%
25-34
Male
35-44
Female 27%
45-54
27%
87%
55-64
13% >65
Illliterate
7% 7%
13% Single
7% 7%
8 grade or below
Married
13% 40% 9-10 grade
Divorced
Hindi Services
Bengali Professionals
27%
Any Other 33% Others
80%
Figure 6: Demographic, academic and professional profile of respondents in litigant survey (pie chart)
GENDER 5
14 AGE
>18
12 13 4
18-24
4 4
10
3 25-34
8 Male
3 35-44
Female
6 2 45-54
2 2
4 55-64
1
2 >65
2 0 0
0 0
10 10
STATUS DEGREE COMPLETED
9 9
8 Single 8 Illliterate
7
8 grade or below
7 Married 7 6
9-10 grade
6 6 11-12 grade
Divorced
5 5 College but no degree
Widowed Bachelor degree
4 4
Post graduate and above
3 Seperated 3
2 Others 2 1 1
1 1 0 0 0
0 0
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14 14
PRIMARY LANGUAGE PROFESSION
12 12
12
10 10 Business
English
8 8 Services
6 Hindi 6 Professionals
4 4 3 Others
5
4
2 3 2 3
0 0
0 0
Figure 7: Demographic, academic and professional profile of respondents in litigant survey (bar chart)
11.4 From the survey it was found that the one person filed six cases but have overall
representation of only 7% among the litigants. The major representation is 46% for which the
total number of case filed is only one. It is also revealed that 27% of the litigants involved for
0-3 and 3-6 years in the recent case (as defendant). The survey also showed that equal
percentage (46.5%) of litigants involved in disputes related to property and marital. 73% of
the litigants do not have any idea about the court proceedings. 60% of the litigants are in the
hearing & evidence stage however only 13% is in the judgment stage in the court process.
Prior to filing the case, 40% of the litigants is unknown or having no knowledge about the
court proceedings prior to filing the case. 87% of litigants was handling the court proceedings
for the first time in their life however 73% did not know where to find help or resources prior
to file case or document. 60% of the litigants are facing financial difficulty in handling the
court proceedings. The graphical illustration as well as histogram representation of the above
information is given below:
7% 7%
7% 0 to 3
6%
27% 3 to 6
13% 1 2 3 4 13%
46% 6 to 9
5 6 7 8
9 10 9 to 12
12 to 15
20%
27% 27%
15 to 18
7%
27%
Property Case
Yes
46%
Marital dispute
No
47% Breach of contract
73%
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13% 14%
27% great deal
Issue Framing 33%
13% reasonably good
Hearing and evidence
some
Argument
very little
Judgement Stage
no
60% 40%
13%
27%
yes yes
no no
73%
87%
Financial difficulty
13%
yes
no
na
27%
60%
Figure 8: Summary of findings related to litigants and court cases (Pie Chart)
10 10
NO. OF CASES FILED YEARS INVOLVED IN LITIGATION
9 1 2 9
8 8 0 to 3
3 4 3 to 6
7 7 6 to 9
7 9 to 12
6 5 6 6 12 to 15
15 to 18
5 5 18 to 21
7 8 21 to 24
4 4
4 0 to 3 3 to 6
3 9 10 3
6 to 9
2 2
2 9 to 12
1 1
0 1 1 0 0 0 0 12 to 1515 to 1818 to 2121 to 24
0 0
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15 10
IDEA OF COURT PROCEEDINGS LEVEL OF KNOWLEDGE
14
9
13
12 8
11
7 great deal
10 11
9 reasonably good
Yes 6
8 some 6
No 5
7 very little 5
6 Any Other 4
no 4
5
3
4
3 4 2
2
1
1 0 0 0
0 0
15 15
14 FIRST TIME HANDLING 14 ANY PRIOR HELP
13 13
12 13 12
11 11
10 10 11
9 yes 9 yes
8 8
no no
7 7
6 na 6 na
5 5
4 4
3 3 4
2 2
1 2 1
0 0
0 0
15
14 FINANCIAL DIFFICULTY
13
12
11
10
9 yes
8 9
no
7
6 na
5
4
3 4
2
1 2
0
Figure 9: Summary of findings related to litigants and court cases (Bar Chart)
11.5 The most demanded specific general information and resources by the litigants is the
roles and procedures in the court room followed by online services, place to get help in the
courthouse, how to dress and behave in the courtroom and fees and costs. There is a mix
demand for information about the directions to the courthouse, help available for English
illiterate and help of other groups. The graphical illustration as well as histogram
representation of the above information is given below:
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33%
yes yes
47%
53% no no
67%
Information about where to get help in the courthouse Information about the roles and procedures in the courtroom
7%
33%
yes yes
no no
67%
93%
Information about how to dress and behave in the courtroom Information about fees and costs
33% 33%
yes yes
no no
67% 67%
Information about the help available if unable to speak or Information about other groups that may be able to help me
read English
yes
47% yes 47%
53%
53% no
no
Figure 10: Percentage segregation of litigants with their preferences, knowledge level and court information
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16
yes
14
12
yes yes yes yes
10
no yes no
8 yes no yes
6 no no no no
2 no
0
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8
11.6 The most demanded specific forms/documents services by the litigants was help to
filling out the forms followed by the notary services and easy access to a repository of forms
that need for case. The graphical illustration as well as histogram representation of the above
information is given below:
Easy access to a repository of forms that need for case Help with filling out forms
33%
yes yes
47%
53%
no no
67%
Figure 12: Percentage of responses with litigants asking for secondary services (as asked in litigant questionnaire number
16)
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12
yes
10
no
no yes
8
yes no
yes
6
no
0
17.1 17.2 17.3 17.4
Figure 13: Percentage of responses with litigants asking for specific services (as asked in litigant questionnaire number 17)
11.7 The specific legal services or resources demanded by 73% of litigants were how to find
a lawyer and meaning of legal terms. 60% of the litigants demanded for what kind of help can
get from the court for in general case; to find the rules or laws that might apply for individual
cases; how to set a motion before the judge; the legal process works; need to show in
individual cases and thing to do after the case is over. The graphical illustration as well as
histogram representation of the above information is given below:
finding a lawyer, documents to file, legal terms meaning help from court, rules and laws, motion before judge, legal
process works, need to show in cases, need to do after case over
27%
Yes
40% Yes
No
60% No
73%
steps need to follow, checking completed forms evidence show, rules and orders of the court
Yes Yes
47% 47%
53% 53%
No No
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27%
Yes 40% Yes
No 60% No
73%
12
Yes No
11 11 11 11
10
9 9 9 9 9 9 9
8
8 8 8 8
7 7 7 7
6
6 6 6 6 6 6 6
4
4 4 4 4
0
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15
11.8 Findings suggest that 67% of the litigants are able to access any case related
information through online services, for which 60% use the court website, 80% use other legal
service website and 53% use online professional services. Findings also suggest that 60% of
the litigants are comfortable with Desktop/laptop, 67% with Tablets and 53% with
Smartphone as electronic gadgets to avail the online services. 80% of the litigants agreed to
use a specific website that would ask certain question about legal issues and then direct to
legal and non-legal resources in the area that may help. The graphical illustration as well as
histogram representation of the above information is given below:
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no 4 yes
67%
2
0
19.1 19.2
20%
60% no no
80%
Desktop/Laptop Tablets
33%
40% yes yes
60% no no
67%
Smartphone 14
no
12
yes
10 yes
yes
8 no
no
yes 6 no
47%
53% 4 yes
no
2
yes no
0
21.1 21.2 21.3 21.4 21.5
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Figure 16: Candidate responses to the online services offered related to the court services
11.9 87% of the litigants agreed that there is a delay in court proceedings. The major source
of court delay where severity is very high is found because of ‘request for time’ by defendant
and other petitions pending to be heard. Awaiting order or instructions from High Court is
another source of court delay but severity in this case is low as found. However, only 40% of
the litigants file an appeal to High Court. The graphical illustration as well as histogram
representation of the above information is given below:
12
13%
10
8
yes
6
no 4 no yes
2 yes
87% 0
23.1 23.2 23.3
Time taken to file and to list a petition Awaiting order/instructions from High Court
13%
20%
High High
40% 40%
Low Low
Medium Medium
20% 67%
7%
27%
High High
40%
Low Low
53%
Medium 53% Medium
20%
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23% 20%
High 27%
High
Low
50% Low
14% Medium
Medium
13% 53%
Medium Medium
33% 13%
Time taken for lower court record to reach presiding officer Court holiday or strikes
7%
27%
High High
46% Low 46% Low
47%
Medium Medium
27%
13%
20%
27%
High 33% High
Low Low
Medium Medium
54%
53%
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7%
27% 27%
High 20% High
Low Low
Medium Medium
73%
46%
24.14
24.13
24.12
24.11
24.10
24.9
24.8 High
Low
24.7 Medium
24.6
24.5
24.4
24.3
24.2
24.1
0 5 10 15
Figure 17: Number of litigant responses to various court performance parameters (refer litigant questionnaire for detailed
questions)
11.10 The last sub-figure in Figure 17: Number of litigant responses to various court performance
parameters (refer litigant questionnaire for detailed questions) summarizes the delay types as
perceived by the litigants.
Reasons for adjournments
11.11 The primary reason stated by most litigants is the absence of judges in most cases.
Either they are busy, on leave or being transferred. In such cases the litigant is given another
date. Sometimes the litigant is not able to be present on most dates, the lawyers are found
to use this lacunae of the system as one frequent reason for the adjournment. Apart from
these causal reasons, it has been noted by some litigants that the judge, even being present
in the court has to give another date for hearing or for disposal of petition. The reasons are
no adverse order, but lawyer being busy because he has other case in other courts, hearing
of one particular case has taken more time than usual so no time is left for the hearing of
other cases, etc.
- Sometimes the pre- announced dates would again undergo changes because of the
excuses given by the other side or opposition party. Usually the reasons stated are that
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the senior is absent, the client couldn’t be present for the hearing because he stays out of
time, some annexures need to be attached, there are smaller petitions pending that needs
to be disposed off, etc.
- Multiple cases are filed by the same person, record from the previous cases need to be
annexed filing of same cases in the higher court for revision are also reasons that delay
the initial / main case to a great extent. In some cases it takes years for the previous
records to be retrieved from the lower court record room because they are not indexed
and maintained properly. Policymaking has also led to the growth of cases, thus filing of
multiple cases delay the process which usually leads to compromise by both parties. Thus,
no justice is received by both the parties and the frustration due to judicial delay ask the
parties to settle “out of the court”. But many a times there is no compromise, hence the
lawsuit lingers.
- At times delay is also from the litigant’s part because there might be some latent /hidden
benefit that has led to filing of the cases. Thus they file cases to drag them.
- Since the lawyers are also colleague cum friends, sometimes they plan and take steps
accordingly without the conscious agreement or knowledge of the litigant.
- Court holidays have also been considered as a nuisance by all the litigants because they
end up getting 5- 6 dates in a year at most which is one of the lingering causes for the
pendency of the cases. In lower courts a total of 220 working days with huge backlog of
cases has been creating frustration and disappointments across all sections of the society.
11.12 Thus it is important to understand that there is a need for high level of contribution
from the Government to improvise on the systems of judiciary. More commitment, improved
and well implemented policies as well as less political biases would definitely eradicate the
problem of neglect that litigants are complaining in the hands of a system. Based on litigant’s
responses, primary recommendation involves to eradicate the non-value added activity by
developing automation opportunities with the following details:
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11.13 Automation with online access may be well accepted by the litigants as most
of them (80%) are well-educated and access court websites very frequently. Initially the
content may be developed in English and then multi-lingual website may be developed.
Litigants primarily use tablets or mobile phones to access those websites and the pages
should be user friendly from tablet or mobile phone apart from desktops. Court may also
work on delivering certain regular formalities over online platform of communication, i.e.
WebEx etc., instead of asking everyone to be physically present to reduce effort and time
of litigants. Along with automation, some process level streamlining should be done to
reduce time for filing a petition or to transfer a case from one court to another. The policy
level implications should be understood before going for process changes.
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12.1 Indian legal system observes delays in the court cases that does affect the fairness and
efficiency of the judicial system which in turn weakens the democracy, the rule of laws and
enforcement of those laws. For decades, it has been seen that lawyers have primarily been
the agents who link the requirements of the litigants to the suitability of the legal procedures
being installed by the legal system. The problem of overload and arrears in each case may
contribute to long delays primarily because the situations and contexts underlying a particular
case needs to be dealt with precision of understanding them, before arriving at an
authoritative and just decision. This is time consuming and expedition is never guaranteed.
37% 25-34 2
2 2
35-44 1.5
45-54 1
13%
1
0.5
55-64
0
25% 65 and avove
Less than 18-24 25-34 35-44 45-54 55-64 65 and
18 avove
Type of cases
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6
All Civil cases 5
15% 5
4
Property
3
8% 39%
3
2
Marital Dispute
2 2
1
1
23% Other Civil Cases 0
(Revenue) All Civil cases Property Marital Dispute Other Civil Criminal Cases
15% Cases
Criminal Cases (Revenue)
13% 13%
25% 40-75
5 to 10
100-150 12%
11 to 15
25% 200-350 50%
16-20
12% 400-600
Above 30
Above 1000 25%
25%
2.5 4.5 4
2 2 2 4
2 3.5
3
1.5
2.5 2
1 1
2
1
1.5 1 1
0.5 1
0.5
0 0
40-75 100-150 200-350 400-600 Above 1000 5 to 10 11 to 15 16-20 Above 30
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Figure 20: Requirement of court related information to be published for information to litigants
8
8
7
1
0
0
Yes No
6
6
25% 5
Yes 4
No 3
May be 2
75% 2
1
0
Yes No May be
Necessity for information repository about the general court proceedings which will save time in terms of clarification asked by the clients
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8
7
7
13%
6
5
Yes
4
No
3
Not Applicable
2
1
1
87%
0
Yes No Not Applicable
Requirement of specific general information which will be beneneficial for litigants in pre-case stage
8
8
7
7 7
6
6 6
5
5 5
4
4
3
2
2
1
0
Directions to the Online services How to get help Roles and How to dress and Fees and costs Help available if Oother groups Any other
courthouse in the courthouseprocedures in the behave in the unable to speak that may be able
courtroom courtroom or read English to help
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Figure 21: lawyers' responses to the documentation services required by the litigants
Documents services/resources beneficial for the litigants to save the time of a lawyer
8
7
7 7
6
6
5
5
4
3
2
2
1
0
Easy access to a repository of Help with filling out forms Notary services Photocopying forms and Any other
forms documents
7%
22%
Easy access to a repository of forms
19%
Help with filling out forms
Notary services
Specific legal services and resources for the litigants in order to save the time of a lawyer
9
8
7 8
6 7 7 7 7
5 6 6
4 5 5
3 4
2
1 1
0
SOP for different case
Any other
Finding the correct
Schedule of hearings
forms
types
court
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12.7 Since advocates have to deal with multiple cases at the same time they can’t be
present everywhere, hence some cases have to delay so that pertinent ones can be
immediately attended.
12.8 Adjournments are also asked when lower court record for the previous case needs to
reach the courtroom without which there can’t any proceeding.
12.9 Requests from the lawyers like the ‘senior is not well’ or the opposition party is ‘out
of the state or country’ or evidence not able to come or be presented or proper documents
and exhibits needs to be attached as annexures or some smaller petition is still pending which
needs to be disposed before moving to the main case.
12.10 Holidays and vacations also leads to court adjournments thus leading to subsequent
delays.
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denied and the court gives stipulated time to resolve the issues. 88% of the lawyers agreed
that there is specific process followed for the trial dates from court and 29% lawyers agreed
that they would like to receive the trial dates online through an automated process by
checking availability of all concerned stakeholders. The graphical illustration of the above
information is given below:
Figure 22: Lawyers’ response regarding the court processes followed along with court performance parameters
Other petions
Showcause
Penalty
Witness
Lower court
Court admin
Presiding Officer
Plaintiff request
Defendant request
0 1 2 3 4 5 6 7 8
Situations when the adjournments denied Time court gives to resolve the issues
13% 13%
Yes Yes
No No
NA NA
87% 87%
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12%
29%
Yes Yes
No No
NA Not sure
71%
88%
Figure 22: Lawyers’ response regarding the court processes followed along with court
performance parameters illustrates lawyer’s response to different reasons for the delay along
with their impact as perceived by the lawyers. In line with the recommendations provided by
litigants, most of the lawyers (75%) also agreed about the usefulness of providing information
portal to save time. As per lawyer’s recommendation, following services can be provided to
reduce the effort and time:
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Long delays in processing cases are common in the Indian judicial system. This problem exists
despite the fact that for more than 60 years judges, lawyers, and policymakers in India have
experimented with ways to speed the processing of civil and criminal cases. Delay reduction
programs, however, needs to be checked at micro level rather than providing general
prescriptions for major causes of delay.
• The primary reason for delay as explained by most of the lawyers is lack of sufficient
judges. Since judges are holding the autonomy to pass a judgement for disposal of cases,
they are the ultimate decision makers. But since they are an integral part of the court
management system, they are also responsible for the administrative duties and
responsibilities which includes, disposal of interim petitions, transfer orders, busy with
other cases or court related work etc. Also there are delays related to the appointment of
judges which is a very cumbersome process as stated by most of them because its time
and opportunity costs are high.
• The second reason is poor infrastructure as stated by few lawyers. Due to less court rooms
and high pendency of cases (both old and fresh cases), the problem of multiple dates for
disposal of one case is an inevitable problem.
• There is a pertinent problem of inadequate court staff who are responsible for the
maintenance and protection of court documents as well as to guide the lawyers and
litigants to the whereabouts of their cases. The problems of absenteeism, low
commitment towards their work, short duration transfers and lack of administrative
training has been intermittently contributing to the long delays as well. Also the
courtroom requires professional people with a knowledge of Information Technology to
streamline the process.
• Technology is a very important and the most required component to bring drastic change
in the lower courts which is followed by Supreme Court and high courts in India. Massive
cases are lying in the court rooms which still need to be replaced by digitisation. For e.g.
– in some civil cases it has been seen that the lower court record (LCR) takes years to reach
the respective court room, because the records are not yet found by the personnel in the
record room. Most cases have many interim petitions and other smaller cases added to
them which requires to be disposed off before moving to the main case. Thus lack of
adequate technology is leading to higher pendency of cases.
• There is a huge delay due to the processes of court functioning which results from the
litigants occurring during the trial stage namely non-attendance of witnesses, non-
appearance of lawyers, lengthy oral arguments, arbitrary adjournments, delayed
judgments.
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• Lastly, cases are dragged by either of the party in some cases because there is a greater
profit / benefit that is available on filing a case, hence misused by litigants or lawyers at
times. Thus the legal system is sometimes misused by frivolous litigation. There are also
delays whenever appeals are filed by litigants on matters of fact or matters of law , causing
delay at the appellate stage . Moreover, during the execution stage also some form of
delay does happen for instance in eviction cases related to urban property, delays are
caused by successive attempts to obstruct delivery.
Recommendation (litigant’s side)
• The court administration and other personnel are equally responsible for the
adjournments, having their individual contributions in the cases as a whole. Thus proper
training and recruitment of more focussed and efficient personnel can lead to less of
carelessness and more of seriousness from their side. Many of them can also be
outsourced to meet the growing requirement of handling multiple cases and the backlogs.
They should follow some code of honesty and sincerity towards their work.
• Lawyers are mostly willing to file multiple cases within the radar of one lawsuit because
this is their business. But the judges have the authority to accept or reject such petitions
after careful perusal or may be dispose of the petition within a week’s time. Thus putting
limit caps on the duration of smaller petitions can definitely help the litigants to a great
extent.
• Digital technology has reached its peak in every aspect of our lives hence it should replace
the manual labour that still operates within the congested and overcrowded rooms of
lower courts leading to lesser paper filing and more sorted digitisation of cases. The court
rooms needs to be cleaned and infrastructure needs to be expanded to house large
number of cases that are being already filed and are being filed every day. Online tracking
and monitoring of cases by a central information system of the court could be helpful.
Many more fast-track courts are required even if they would be premium pay based - at
least judgement will be delivered, more judges or a body to take decisions should be there
to monitor the cases online, time based settlement and clustering of same cases can lead
to easy facilitation.
• More judges need to be recruited to fill up the vacancies and meet the court’s demands.
No room should lie vacant, moreover, all the cases that need to be heard on a particular
date should be heard on the same day and not being given an adjournment, to be heard
on the next date.
• The number of courts should increase in the country, the financial structure of the cases
should be decided on so that poor people can afford the services and also get judgement.
There should be a centralized fee collection centre for filing and other documentation,
judges should be requested to finish up the whole process within a stipulated time and to
follow the orders from the higher court, one court should manage every detail,
petitioner's should have the right to change the court in case he or she is not satisfied,
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court rooms need to be well managed and maintained, government should make website
for general people which will help in the most authentic way.
• Increasing the court working hour may be considering as a possibility. By this, the
recommendation is not to increase the duty hour of a presiding officer but to offer support
services for longer duration to reduce the time spent inside the courtroom. Issues like
overlapping of hearing dates, online information sharing about the presence / absence of
presiding officer and rescheduling of court date with shorter dates should partially tackle
the inconvenience faced by the litigants. Total expenditure of the case should be
structured -like what happens in private hospital vs Government.
Recommendation (lawyer’s side)
• There is need to enhance judicial administration and the judges being the key personal
must be trained and equipped so that they may acknowledge the importance of process
change requirements for their own benefit. This would involve providing training
programmes for judges and court official to increase efficiency in their respective job roles
and duties.
• More judges should be recruited, thereby increasing the number of sanctioned judges to
fill up the vacancies.
• As of now, judges do not have specific incentive to reduce the duration of justice delivery
and their primary focus remains on consistency of decision-making process. Other
stakeholders use this opportunity to make the process delayed. The sufferers are the
people who file cases and have to spend money without knowing deadlines. Also, bigger
cases (cases involving greater stakes) can be given special courts, that way it can lead to
speedy delivery of judgement.
• Judgements from the higher courts should be considered and implemented by judges
which usually they tend to keep aside and accept stay order from the aggrieved. In many
cases judges are not comfortable to give an adverse order hence they keep giving orders
on interim petition and the first case/ main case remains isolated. If both parties can
provide their respective arguments in written form, it would definitely lead to fastening
of the judgement by the judge.
• Most of the courts should imbibe the operating principles of fast track courts those work
especially during the trial stage where maximum delay is caused. A period of 5 years
should be fixed for the disposal of cases, putting limit caps to case duration. Thus, if “last
chance” is given to one party it should be considered seriously by all the stakeholders.
• Furthermore, the Indian lower courts do not rely on an extensive use of technical aids .
Especially the importance of computerization of courts should not be overlooked.
Information technology, for instance, has helped to diminish arrears in the Supreme Court
in two important ways. First, the computerized court registry has listed all pending cases
in chronological order. Listed matters have been taken up sequentially, leaving no room
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for arbitrary decisions. Second, when a judge is absent, the cases are immediately
transferred to other judges, making sure that similar cases are assigned to the same
judges.
• The working days of judges and other court officials needs to be increased on an average.
Due to strikes and holidays the lower courts functions for a period of 220 to 240 days or
less. This leads to delay in cases a whole. Also, it should be noted that the problem of
multiple cases (a court date is assigned after 2 months hence 4 to 5 dates in a year) , their
complexities and lesser working days leads to increase in case duration. Implementing
such cultural changes in particular can be difficult because they require changes in the
way people work.
Considering the recommendations received from the sides of both litigant and lawyer, we
summarize our discussion by segregating the recommendations into three broad categories:
People, Process, Policy and Technology. This classification helps us to understand the
implementation focus of recommendations.
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Category 1: People
Table 9: Recommendations related to stakeholders
Long adjourned time 1. Being the decision making 1. Behavioural training should be
period authority of the court, presiding imparted at a frequent intervals to
officers should be sensitized about sensitize the presiding officers.
the apathy of litigants for this 2. Some policy changes in terms of
delay. designing a penalty structure is
2. Attempt must be made to speedup required to stop unnecessary
long pending cases with shorter adjournments. Secured video
adjournments, and the presiding conferencing facility may be
officer must be empower to such established to reduce the time
discretionary power in the interest delay.
of the judicial process
Absence of witness 1. Setting up support desk for follow
and follow up action up activities for trivial cases
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Lack of awareness 1. A generic service centre model to 1. Create kiosks to outsource all non-
among litigants increase efficiency and efficacy of judiciary activities to a third-party
related to court service delivery to the litigants by ensuring service level and
related information may be deployed. Existing compliance.
administrative personnel may be
reassigned with training.
Involvement in training activities
may be compulsory.
2. Create ‘first point of contact
personal’ in courts (outsourced
activity) to counsel on the various
dispute resolution options
Unavailability of 1. Basic information of a lawyer 1. Bar Council of India to create a
lawyers (number of cases handled, number feedback system for litigants
of ongoing cases, average case
completion time etc.) should
remain in a repository and litigants
may seek this information from
courts to make an informed
choice.
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Category 2: Process
Table 10: Recommendations related to processes
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Category 3: Policy
Table 11: Policy related recommendations
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Category 4: Technology
Table 12: Recommendations related to role of technology in court process improvement
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process/courtesy - dress
etiquette in court etc.
• Process to file the
documents
• Standard Operating
Procedure (SOP) of
handling different case
types
• Meaning of legal terms
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References
1. Subordinate Courts of India: A Report on Access to Justice, 2016, Centre for Research &
Planning, Supreme Court of India, New Delhi
5. IGNOU Indian Society - India Democracy and Development by Jaideep Yadav is accessed
from ttp://www.scribd.com/doc/155551232/IGNOUIndian-Society-India-Democracy-
and-Development.
6. Subhash C. Kashyap, History of the Parliament of India, vol. IV: Delhi, Shipra Publications,
1997, pp. 321-2.
8. The Code Of Civil Procedure, 1908 (Act No. 5 of 1908) is accessed from
http://www.wipo.int/edocs/lexdocs/laws/en/in/in056en.pdf
10. Steven Finch, Chris Ferguson, Nicholas Gilby and Natalie Low; 2010; Baseline survey to
assess the impact of legal services reform, Ministry of Justice Research Series 3/10 is
accessed from www.justice.gov.uk/publications/research.htm
11. Summary Report on Court Services Situation Analysis, December 2013, Judicial
Strengthening Project (JUST), Supreme Court of Bangladesh
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Basic Profile
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11. What stage is your case in the court process? [Subjective question – Write the response of the
interviewee]
_____________________
12. Prior to filing your case or document, what level of knowledge did you have about the court
procedures?
12.1. A great deal of knowledge
12.2. Reasonably good knowledge
12.3. Some knowledge
12.4. Very little knowledge
12.5. No knowledge at all
13. Was this the first time you are handling court proceeding?
13.1. YES
13.2. NO
13.3. Not Applicable
14. Prior to filing your case or document, did you know where to find help and/or resources?
14.1. YES
14.2. NO
14.3. Not Applicable
15. Are you facing any financial difficulty in handling the court proceedings?
15.1. YES
15.2. NO
15.3. Not Applicable
16. What specific general information and/or resources were you seeking in a pre-case stage?
(multiple options can be chosen)
16.1. Directions to the courthouse
16.2. Online services
16.3. Information about where to get help in the courthouse
16.4. Information about the roles and procedures in the courtroom
16.5. Information about how to dress and behave in the courtroom
16.6. Information about fees and costs
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16.7. Information about the help available if I am unable to speak or read English
16.8. Information about other groups that may be able to help me
16.9. Any other (Please specify) ____________________________
17. What specific forms/documents services and/or resources were you seeking? (multiple options
can be chosen)
17.1. Easy access to a repository of forms that you need for your case
17.2. Help with filling out forms
17.3. Notary services
17.4. Photocopying forms and documents
17.5. Any other (Please specify) ____________________________
18. What specific legal services and/or resources were you seeking? (multiple options can be
chosen)
18.1.How to find a lawyer for the case?
18.2.What kind of help from the court you can get with your case in general?
18.3.How do you file your documents in court?
18.4.How do you find the rules or laws that might apply in your case?
18.5.How do you set a motion before the judge?
18.6.How the legal process works for cases like yours?
18.7.What steps you need to follow in your case?
18.8.What legal terms mean?
18.9.What you need to show in your case?
18.10. Checking your completed forms before and after they are filed
18.11. How can you show your evidence?
18.12. When your hearings are scheduled?
18.13. What happens if you do not follow the rules and orders of the court?
18.14. Explaining what the judge’s final decisions are
18.15. What you can do after your case is over?
18.16. Any other (Please specify) ____________________________
19. Were you able to access any case related information through online sources?
19.1. YES
19.2. NO
19.3. Any other (Please specify) ____________________________
20. If answer from the previous question is YES, please specify the sources of information.
20.1. Court website
20.2. Other legal services website
20.3. Online professional services
20.4. Any other (Please specify) _____________
21. Please specify the electronic gadgets with which you are comfortable to avail online services:
21.1. Desktop / laptop
21.2. Tablets
21.3. Smartphone
21.4. Any other (Please specify) ____________
21.5. Not Applicable
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22. If you had the option of going to a website that would ask you certain questions about your legal
issues and then direct you to legal and non-legal resources in your area that may help you,
would you use it?
22.1. YES
22.2. NO
22.3. Not Sure / Not Applicable __________________
24. What do you think as the major source of court delay? (Open ended question – If YES to the
previous Q)
High
Medium
Low
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7 Lawyer busy
25.3. How much time High Court takes to respond to the appeal raised? (If the answer to the
previous question is YES – Also a tentative number will suffice)
____________________
26.2.1. YES
26.2.2. NO
26.2.3. Not Applicable
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26.3. Is there any stipulated time that the court gives to resolve the issues?
27.2.1. YES
27.2.2. NO
27.2.3. Not Applicable
27.3. Is there any stipulated time that the court gives to resolve the issues?
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Basic Profile
8. How many cases have you successfully completed ____ and if so in how many years ______
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Process of Adjournment
10. What is your view about situation where adjournment id not given by the judge? (Open ended
question)
10.1. Should full autonomy be given to judges on adjournment request?
10.3. If yes, how many adjournments would you consider appropriate (for both plaintiff
and defendant) in a given case?
11. Your views on how to reduce delay caused by adjournment? (open ended question)
12. Do you think that the existing information portal (e.g. court.gov.in) are useful for the clients?
12.1. YES
12.2. NO
12.3. ________
13. Do you think that some information repository about the general court proceedings will save
your time in terms of clarification asked by the clients?
13.1. YES
13.2. NO
13.3. Not Applicable
14. What specific general information and/or resources will be beneficial for litigants in pre-case
stage? (multiple options can be chosen)
14.1. Directions to the courthouse
14.2. Online services
14.3. Information about where to get help in the courthouse
14.4. Information about the roles and procedures in the courtroom
14.5. Information about how to dress and behave in the courtroom
14.6. Information about fees and costs
14.7. Information about the help available if I am unable to speak or read English
14.8. Information about other groups that may be able to help me
14.9. Any other (Please specify) ____________________________
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15. What specific forms/documents services and/or resources you think will be beneficial for the
litigants to save the time of a lawyer (multiple options can be chosen)
15.1. Easy access (online / offline) to a repository of forms that you need for your case
15.2. Help with filling out forms
15.3. Notary services
15.4. Photocopying forms and documents
15.5. Any other (Please specify) ____________________________
16. What specific legal services and/or resources should be provided to the litigants in order to save
the time of a lawyer? (multiple options can be chosen)
16.1.How to find the correct lawyer for a case?
16.2.What is the process to file the documents to the courts?
16.3.How does a litigant find his/her rights and responsibilities during a case proceeding?
16.4.Standard Operating Process (SOP) for different case types
16.5.What legal terms mean?
16.6.Checking your completed forms before and after they are filed
16.7.When your hearings are scheduled?
16.8.What happens if you do not follow the rules and orders of the court?
16.9.Explaining what the judge’s final decisions are
16.10. What a litigant can do after your case is over?
16.11. Any other (Please specify) ____________________________
17. What do you think as the major source of case duration? (Open ended question – If YES to the
previous Q)
Source of Delay
Severity of Delay
High
Medium
Low
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18.1. How many times you have appealed to the High Court? (If the answer to the previous
question is YES – Also a tentative number will suffice)
_________________
18.2. How much time High Court takes to respond to the appeal raised? (If the answer to the
previous question is YES – Also a tentative number will suffice)
____________________
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19.3. Is there any stipulated time that the court gives to resolve the issues?
19.3.1. YES (Mention the stipulated time period if known) ___________
19.3.2. NO
19.3.3. Not Applicable
20.3. Is there any stipulated time that the court gives to resolve the issues?
20.3.1. YES (Mention the stipulated time period if known) ___________
20.3.2. NO
20.3.3. Not Applicable
21.2. What do you think as the major reason behind unavailability of presiding officer? (open
ended question)
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22.3. Would you like to receive the trial dates online through an automated process by checking
availability of all concerned stakeholders?
22.3.1. YES
22.3.2. NO
22.3.3. Not sure
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APPENDIX 1
This suit which we are studying in greater detail is one which is generally long drawn out due
to its being an eviction suit. A decision in favour of the landlord might render the tenant
homeless and a decision in favour of the tenant might be severely damaging to the source of
income of the landlord. Hence the courts generally proceed very carefully when handling suits
of this nature. This particular suit is further complicated by the fact of the property in question
being a rent controlled property. This means that the property is governed by more
regulations than those that generally govern a leased property.
As mentioned above, we shall outline the proceedings of this suit in the Appendix. We shall
also summarise the duration & number of adjournments and classify them with respect to
the causes for adjournment.
Date of Action taken/Order given Date of next Duration till Adjournment period Remarks
hearing hearing next hearing required by law
(approx. in
months)
August Suit filed. Summons issued to November 3 months No specific period Adjourned so
2003 defendant. Hearing adjourned 2003 mentioned by law. Judges that summons
to November 2003 advised to provide can be issued to
enough time so that defendant and
summons can be served time allowed to
on defendant and a file response
response be filed so that
later on defendant may
not waste the Honourable
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August Defendant asks for stay of suit September 1 month - Trial court
2011 till CO 482/10 is disposed off. 2011 advises parties to
Apparently contradictory approach High
orders of High Court. Trial Court
Court directs parties to
approach High Court to get
clarity on what should be
done. Adjourned to
September 2011
September Adjourned to September 2011 September - - Awaiting order
2011 awaiting order of High Court 2011 from High Court
September Adjourned to December 2011 December 3 months - Awaiting order
2011 awaiting order of High Court 2011 from High Court
December Adjourned to May 2012 May 2012 5 months - Awaiting order
2011 awaiting order of High Court from High Court
May 2012 Adjourned to August 2012 August 2012 3 months - Awaiting order
awaiting order of High Court from High Court
August Adjourned to February 2013 February 2013 6 months - Awaiting order
2012 awaiting order of High Court from High Court
August High Court order received. September 1 month -
2012 Date of next hearing changed 2012
to September 2012
September Neither party appears. January 2013 4 months - One or both
2012 Adjourned to January 2013 parties absent
January Adjourned to February 2013 as February 2013 1 month - One or both
2013 neither party appears parties absent
February Adjourned to February 2013 as February 2013 - - One or both
2013 neither party appears parties absent
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Case No.1
Sl.
No.
1. Nature or type of suit Case No. T.S 243 of 1982
2. Filed on 26.5.1982
3. Filed in which court District court Alipore
4. When it was initiated 27.1.1983
5. When was the act of judgement 9.3.93
6 How much time 10
7. What was the result Dismissed on non prosecution
8. Filed by Plaintiff : Renuka Bala Mondal
Defendant : Sri Gandhi Govardhan
26.5.1982
The plaint is filed today Registration of the plaintiff is done and summons issued upon the defendant
both by court and by registered post with A/D fixing 13.7.82 for appearance and contesting purpose.
Postal receipt to be filed by the date fixed.
13.7.1982
Plaintiff files no hazira and summon is returned along with registered return and summon. The next
date was fixed for 19.8.1982
19.8.1982
Plaintiff files hazira with postal receipt for regd. Return and summon. The next date fixed is 22.12.1982
22.12.1982
The return of summon included and sent to Defendant appears by a power along with a prayer petition
for time to file the written statement along with exhibit. Time is allowed till 27.1.83.
27.1.1983
Plaintiff files hazira . Another time petition is filed by the defendent to file the written statement. Copy
is sent and time petition is filed for objectition filing. The next date is 28.2.1983
28.2.1983
Plaintiff files a petition praying for more time to take steps let it be in the records as well. Defendant
is also asking for time to file written statement. Copy is served for objection and time is also allowed
till 16.3.1983. Adjournment cost of Rs. 2.
16.3.1983
Plaintiff files a hazira. Defendant files a petition praying for time to file written statement . Copy not
served , thus time is allowed till 19.4.83. The adjournment cost is of Rs. 4
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19.4.1983
Plaintiff files hazira. Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 19.5.1983 for written statement. Adjournment cost of Rs. 6
19.5.1983
Plaintiff files hazira. Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 17.6.1983 for written statement and as last chance. Adjournment
cost of Rs. 8.
17.6.83
Plaintiff files hazira. Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 27.7.83 for written statement for ends of justice. Adjournment cost
of Rs. 10.
27.7.83
Defendant files appeal directing the plaintiff to produce documents . Copy is to be served for objection
. The time prayer is allowed for plaintiff to produce documents by 12.7.83
13.7.83
The date fixed is declared for holiday. It is put up to date for orders. Next date to fix for producing
documents is 18.8.83
27.7.83
Plaintiff files hazira . Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 30.8.83 for written statement for ends of justice.
18.8.1983
Defendant files hazira. Plaintiff files a petition praying for time to produce documents. Copy is served
for objection. Time is allowed till 20.9.83 to produce documents.
30.8.1983
Plaintiff files hazira . Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 30.10.83 for written statement for ends of justice.
20.9.83
Defandant files hazira . Plaintiff files petition praying for time to produce documents. Copy served and
time is allowed till 18.11.83 for producing documents.
3.10.1983
Plaintiff files hazira . Defendant files petition praying for time to file written statement. Copy served
for objection. Time is allowed till 2.12.83 for written statement for ends of justice.
18.11.83
Defendant files hazira . Plaintiff files petition praying for time to produce documents. Copy served for
objection. Time is allowed till 2.1.84 for producing documents.
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2.12.1983
Plaintiff takes no steps while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 3.1. 1984 for written statement for the ends of justice.
2.1.1984
No steps are taken Plaintiff is to showcause by 10.2.1984 as to why the suit shall be considered as
defaulter.
13.1.1984
Plaintiff takes no steps while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 20.2. 1984 for written statement for the ends of justice.
10.2.1984
Defendant files hazira. Plaintiff neither files howcause nor takes any steps. To fix date for 20.2.84.
20.2.84
Plaintiff files hazira Plaintiff also files appeal dated 10.2.84 showing cause of delay. It is being put up
on this day for orders. The delay has been condoned and 13.3.84 has been given for filing written
statement.
13.3.84
Plaintiff takes no steps while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 16.4. 1984 for written statement for written statement.
Court has been adjourned to 5.4.1984 for producing documents.
Defendant also files a petition praying for verifying the plaints. Copy is served for obejection and the
next date filed fot hearing is 7.5.87
5.4.84
Defendant files hazira. Plaintiff files a appeal praying for time to produce documents. Copy served for
objection. Time is allowed till 16.4.84 for producing documents as last chance.
16.4.84
Plaintiff files for hazira while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 8.5.84 for written statement for the ends of justice.
2.5.84
Plaintiff files hazira. Plaintiff files a appeal praying for time to produce documents. Copy served for
objection. Time is allowed till 16.4.84 for producing documents as last chance. Rejected , hence the
petition stands inspected. Plaintiff is to showcause . By 16.6.84 as why the suit shall not be dismissed
for default.
7.5.84
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Defendant files hazira. Plaintiff files appeal praying for time for adj. Of hearing. Copy served f0or
objection . Learned court considered the prayer to be allowed. Thus 15.6.84 for hearing the petition
dated 13.3.84
18.5.84
Plaintiff takes no steps . Defendant has failed to file written statement. To fix 15.6.84 for order.
After the above order has been passed . Defendant puts a petition at 4pm praying for time to file
written statement . the copy is served for objection. Time is allowed till 15.6.84 for written statement.
15.6.84
Plaintiff and defendant files for hazira. Today is fixed for hearing the petition dated 13.3.84. Plaintiff
also files documents showing cause of delay . Learned court showing cause to be accepted for filing
written statement. On 10.7.84
Defendant also files appeal praying for time to fill written statement . Copy is served for objection.
Time is allowed till the date
10.7.84
Plaintiff takes no steps . Defendant files appeal praying for time to file written statement . Copy is
served for objection. Time is allowed till 8.8.84. Adj. Cost Rs. 2
8.8.84
Plaintiff files for hazira while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 10.9.84 for written statement for the ends of justice.Adj.
cost Rs. 4
10.9.84
Plaintiff files for hazira while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 9.11.84 for written statement . Adj. Cost Rs. 6
9.11.84
Plaintiff files for hazira while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 11.12.84 for written statement for the ends of justice.
Adj. Cost rs. 8
11.12.84
Plaintiff files for hazira while the defendant files an appeal praying for time to file written statement.
Copy served for objection. Time is allowed till 9.1.85 for written statement for the ends of justice. Adj.
Cost Rs. 10
9.1.85
Plaintiff files for hazira while the defendant files written statement. Copy served for objection.
Defendant to pay costs by 7.2.85 for acceptance written statement .
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7.2.85
Plaintiff files for hazira while the defendant files appeal praying for time to pay costs. Time is allowed
till 1.3.85 Defendant to pay costs by 7.2.85 for payment of costs.
1.3.85
Plaintiff files for hazira while the defendant files appeal praying for time to pay costs. Time is allowed
till 9.4.85 Defendant to pay costs by 7.2.85 for payment of costs.
9.4.85
Plaintiff files for hazira while the defendant files appeal praying for time to pay costs. Time is allowed
till 1.3.85 Defendant to pay costs by 6.5.85 for payment of costs.
6.5.85
Parties files hazira sots of Rs. 30 paid. Defendant to pay balance cost of Rs. 2 by 3.6.85
3.6.85
Parties file hazira . Cost of Rs. 2 paid . The written statement is accepted. To fix 19.8.85 for framing of
issues.
19.8.85
Parties file hazira . No time today . To fix 28.1.86 for framing of issues.
28.1.86
Parties file hazira . Presiding officer is busy with work . To fix 4.6.86 for framing of issues.
4.6.86
17.6.86
Parties files petition praying for getting back the documents as stated in the petition copy served with
objection. This prayer is considered and allowed. Let the documents be returned on condition to refill
the same is required.
4.8.86
30.8.86
5.11.86
Parties file a joint petition praying for time for petition hearing on the ground of compromise . Ltd
court considered and the prayer is allowed . Thus to fix 17.12.86 for compromise between defandent
and plaintiff on petition hearing (vile order on petition)
17.12.86
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Parties file hazira. Parties also file a joint petition praying for time for petition hearing. Learned court
considered . Prayer is allowed and 25.2.87 has been fixed for petition hearing.
25.2.87
Parties file hazira. Parties also file a joint petition praying for time for petition hearing. Learned court
considered . Prayer is allowed and 28.4.87 has been fixed for petition hearing.
16.3.87
28.4.87
Defendant file hazira. Plaintiff file a petition praying for time for petition hearing. Learned court
considered . Prayer is allowed with cost of Rs. 5 as last chance vile of order. Next date for hearing is
14.7.87
14.7.87
Defendant file hazira. Plaintiff file a petition praying for time for petition hearing. Learned court
considered . Prayer is allowed with cost of Rs. 5 as last chance (vile of order). To fix 26.10.87 for
petition hearing.
26.8.87
The plaintiff files a petition supported by an affidavit praying for call for the record T.S. 70-71 of this
court which was disposed on 17.8.78 and transmitted to the DRR alipore.
The judgements and decree of this record (TS 70-71) ALREADY BEEN FILED BY THE PLAINTIFF. The
prayer to call for this record has been allowed . C/C of this judgement and decree be kept in the record.
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26.10.87
Parties file hazira. Plaintiff file a petition praying for time for petition hearing. Learned court
considered. Prayer is allowed . To fix 13.1.88 for petition hearing.
3.11.87
On the prayer of the plaintiff, issue of the summons to the cited witness by regd. Post with A/D . To
date (13.1.87) for return of summon, appearance and evidence
The plaintiff files a verified petition praying for called for the record in L.R Appeal no 298/75 and
299/76 of the record room in charge of the S.D.O , located at Diamond Harbour Road which was
disposed of 20.1.77. C/c of the order sheet already been filed. The prayer is considered and allowed.
The call for the record is done according.
13.1.88
Parties files hazira . Presiding officer is under order of transfer. Case is adjourned. To fix 5.4. 88 for
petition hearing.
Parties file hazira. Defendant files 3 separate petitions . 1 for time for petition hearing 2. For referring
the matter under section 21 (3) WBLR act 3. For framing additional issue copy served.
Ltd considered prayer for time is aloowed and to fix 7.6.88 for hearing the petition under section 21(3),
issue and petition hearing.
7.6.88
Parties file hazira. Plaintiff files an objection against w/s 21(3) of WBLR Act , copy served , Defendant
files a petition for time for petition hearing and copy is served.
Ltd court has considered and prayer is allowed. Thus to fix 14.7.88 for hearing the petition at 5.488
for additional issue. Thus to fix 22.7.88 for petition hearing.
22.7.88
Parties file hazira. Parties also file a joint petition praying for time for petition hearing. Learned court
considered . Prayer is allowed and 22.7.88 has been fixed for petition hearing.
22.7.88
Parties file hazira. Defendant files additional written statement along with petition for permission for
copy served. Defandent files petition for time for petition hearing. Copy is served. Ltd considered and
prayer is allowed. To fix 13.9.88 for petition hearing and 25.8.88 for additional written statement.
25.8.88
Parties file hazira. To fix 13.9 for hearing the petition dated 5.4.88 and hearing additional written
statement.
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13.9.88
The parties file haziras. The defendant files petition praying for time for adj. On the ground as stated
in copy served. This prayer is considered and allowed. To fix 6.12 for hearing the petition dated 5.4.88
and hearing additional witten statement. And petition hearing.
6.12.88
Parties file hazira and additional w.s is called up for hearing dated 22.7.88. Ltd court and the learned
lawyer or both sides. Let the additional written statement be accepted with cost Rs. 10 (v.o.p).
Defendant also prays for time for petition hearing . Ltd considered prayer and allowed. To fix 7.2. 89
for petition hearing and additional petition dated 5.4.88
7.2.89
Parties file hazira , as per acceptance of additional written statement dated 6.12.88 , the necessary
additional issue is framed.
Deft. Files petition for time for petition hearing. Ltd considered and allowed . To fix 10.4.89 for petition
hearing and additional petition dated 5.4.88
10.4.89
Parties file hazira. Parties files a joint petition praying for time for petition hearing. Ltd considered and
allowed. To fix 15.5. 89 for petition hearing and additional petition dated 5.4.88
15.5.89
Parties file hazira . Deft files a petition for time for petition hearing along with a petition for taken off
the suit . Copy is served .
Ltd considered and allowed . To fix 22.4.89 for petition hearing and additional petition dated 5.4.88
23.04.89
Deft files hazira. Presiding officer is on leave. To fix 18.6.90 for hearing the petition dated 5.488
18.6.90
Parties file hazira. To fix 16.1.91 for hearing the petition dated 5.4.88
16.1.91
Parties file hazira. The petition dated 5.4.88 filed by the fedt is taken up for hearing. Ltd , the learned
lawyer heard both sides. To fix 3.6.91 for order
3.6.91
The record is put up today for hearing with reference to B.C.O for his decision regarding dispute ,
whether the petition be allowed regarding the disputed land.
As both the parties have contested and filed written objections , that the matter has already been
decided earlier and there is no further reference.
The sheets of L.R appeal no. 298 and 299 that also in the matter decided by the B.C.O and the appeal
the same was given for compromise,also in the 1978 , v.o.p- 469. As the matter has already been
decided by the compelling court . Thus the petition be rejected on content with costs , thus the
petition is disposed and to fix 20.7.91 , SDPH (settling date for peremton hearing)
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888
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20.7.91
Present A- Choudhury
To fix SDPH
24.8.91
12.11.91
Deft takes no steps. Plaintiff files a petition for time for petition hearing . Copy served
Ltd considered and prayer is allowed. To fix 29.1.92 for petition hearing and no further time aloowed.
10.1.92
Plaintiff puts a petition before the learned court for issuing of summons upon the witness through the
court and at the risk of the party. The prayer is considered and issues the same.
29.1.92
Plaintiff files for hazira while the defendant files an appeal praying for time for petition hearing and
copy served. Ltd considered and prayer is allowed. To fix 14.2.92 for petition hearing and no further
time allowed either side.
14.2.92
Parties file joint petition for time for petition hearing. Ltd considered and prayer is allowed. To fix
9.3.92 for petition hearing or compromise.
9.3.92
Parties file a joint petition praying for the dismiss of the suit with non prosecution. Ltd the learned
lawyer heard for both sides The petition is allowed . Hence the suit is allowed to be dismissed for non
prosecution.
1.4.92
Plaintiff files petition to get back the documents. The prayer is considered and let the documents be
returned as prayer for on proper receipt on condition to refile the same as called for.
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Case No.2
Sl.
No.
1. Nature or type of suit Case No. T.S 243 of 1982
2. Filed on 27.8.94
3. Filed in which court District court Alipore
4. When it was initiated 31.1.85
5. When was the act of judgement 30.1.92
6 How much time 8
7. What was the result Dismissed on contest and no appeal filed.
8. Filed by Plaintiff: Shyamal Halder and others
Defendant: State of West Bengal and others
27.8.84
The case is registered in the court and plaintiff has filed a petition that is received on 28.8.84 for
order.
28.8.84
Record is put up today for order. The petition is seen based on rule 8. Heard the plaintiff’s lawyer and
the petition is allowed. The plaintiff’s are permitted to file the suit as prayer for the plaintiff’s are
dimeted to give notice to the opposition party by mode of advertisement to local newspaper and wait
till 31.10.84 for return and order.
22.9.94
31.1.85
25.3.85
26.4.85
Plaintiff files adjournment showing cause of delay. The delay be subjected to summons not issued.
Issue the same fixing date for 31.7.85 for return and order.
31.7.85
Plaintiff filed hazira with postal receipts . To fix 9.1.86 for returns of summon and registered returns.
9.1.86
Plaintiff filed hazira. Defendant (State) files adjournment , praying for time for written statement. Time
will be allowed till 5.3.86 for written statement and to date for returns of summons.
25.5.86
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17.6.86
Plaintiff files hazira. Defendant files a petition praying for time. Prayer is accepted and written
statemtn must be filed by 20.8.86
20.8.86
Plaintiff filed hazira. The presiding officer is on leave. Defendant (state) files a petition asking for time
for written statement . Prayer is allowed . Given 21.11.86 for written statement.
21.11.86
Plaintiff file hazira. Defendant file a petition praying for time for written statement. Presiding officer
is on leave. Prayer is accepted 19.2.87.has been given for written statement.
19.2.87
Plaintiff filed hazira. Defendant files petition praying for time to give written statement. Prayer is
allowed as a last chance. Given 22.6.87 for written statement.
22.6.87
Plaintiff filed hazira. Defendant and another Performa defendent files petition praying for time to give
written statement. Prayer is rejected . Given 19.1.88 for exparte hearing.
19.1.88
Plaintiff files hazira.Defendant (state) files 3 separate petition praying for time for exparte hearing but
it appears from the record that the legal heirof the deceased plaintiff no.-20 appears and files a
petition dated 3.7.87 praying for substitution as the plaintiff no.- 20 died on 9.4.87. The copy is served
. So exparte hearing need to be heard at that stage.
To fix 28.3.88 for hearing the petition dated 3.7.87 without objection if any in the meantime.
Defendant’s petition be kept in records.
23.3.88
Present B.D.Nanda
Parties file hazira. Petitioner filed a petition for time for hearing . Case is adjourned due to death of a
member of local bar. To fix 27.6.88 for hearing the petition dated 3.7.87
27.6.88
Plaintiff files hazira. Presiding officer is on leave . To fix 11.10.88 for hearing the petition dated 3.7.87
11.10.88
Parties file hazira. To fix 28.3.88 for hearing the petition dated 3.7.87
28.3.89
Plaintiff file hazira. Defendant filed a petition for time for hearing . Learned considered, prayer is
accepted. To fix 8.8.89 for hearing of petition dated 3.7.87.
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11.4.89
Record is put up . Mahadev halder and others appear by power and files a petition dated 7.4.89
praying for substitute themselves as the legal heir of deceased plaintiff-14. Copy served . Plaintiff also
files petition or shifting the date of the hearing . The learned lawyer has appeared for plaintiff . Both
the petitions dated 3.7.89 and 7.4.89 is taken up for hearing . Petition is within time to fix for exparte
heaing.
8.8.89
Plaintiff files a petition or time for exparte hearing . ltd court has considered . Prayer is allowed for
exparte hearing for 25.1.90.
25.1.90
Plaintiff filed hazira. Defendant (state) files 3 separate petitions for vacating the exparte hearing . Copy
is served . Ltd considered cause shown . Exp order be vacated subjected to the filing of written
statement. To fix 10.5.90 for written statement.
10.5.90
Plaintiff files hazira. Defendant (state) files a petition for time for written statement . Prayer is allowed
. To fix 8.8.90 for written statement.
8.8.90
Plaintiff files hazira. Def. (State) files a petition for time for written statement . prayer is allowed . To
fix 4.9.90 for written statement.
4.9.90
Plaintiff files hazira. Def. (State) files a petition for time for written statement . prayer is allowed . To
fix 14.3.91 for written statement.
25.2.91
Defendant no.1 , state of west Bengal files written statement . Let it be kept with the record and fill
up a date fixed (14.3.91). Plaintiff files hazira. Def (state) files written statement dated 25.2.91 is put
up today and exparte order be vacated . To fix 21.3.91 for issue.
21.3.91
Parties file hazira . Issue framed and signed this . To fix 10.4 .91 for petition hearing.
10.4.91
Hazira filed by two parties . Plaintiff files a petition dated 26.3.91 praying for adding themselves as
additional . Defendant is put up today. Ltd accepted the petition , was asked to register accordingly.
Plaintiff files a petition for time for petition hearing . Copy served . Ltd considered prayer. To fix 24.5
for petition hearing and 2.5.91 for written statement.
2.5.91
Plaintiff files hazira. Proforma Def. (State) files a petition for time for written statement . prayer is
allowed . To fix 4.9.91 for written statement.
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24.5.91
Parties took no steps. As per resolution of local bar , case is adjourned. To fix 10.7 for petition hearing.
10.7.91
Plaintiff files hazira. Def. (State) files a petition for time for written statement . prayer is allowed . To
fix 29.8.90 for written statement.
29.8.91
Parties file hazira. The case is taken up for petition hearing. Petition no.1 examine to be continued. At
this stage petition prayer time is accepted . To fix 29.11.91 for final.
19.11.91
22.11.91
Parties file hazira. The case is taken up for petition hearing. Petition no.1 examine to be continued. At
this stage petition prayer time is accepted . To fix 29.11.91 for final.
30.11.91
9.12.91
Defandent (state) and pro. Defandent files hazira. Pro. Defendant file petition for time for petition
hearing. Ltd considered prayer . To fix 2.1.92 for final.
19.12.91
Plaintiff file petition along with power and praying for substituting the legal heir of the deceased
person. Petition no.3, Atul Halder who died on 25.11.91 as stated in the petition . Copy served
objected to .Petition kept in record and put up on date fixed for 2.1.92
2.1.92
Parties files hazira. Plaintiff’s petition dated 19.12.91 praying for substitution as the plaintiff no. 31
died on 25.11.91 is put up today.Ltd considered . Petition is within time. Let the legal heirs of the
deceased plaintiff no.31 be substituted . Plaintiff register case for evidence now. Plaintiff no.1 cross
examined in full and discharged documents , marked exhibits along with the documents Plaintiff’s
prayer time is accepted . To fix 7.1.92 for final evidence.
7.1.92
Parties file hazira. The case is taken up for further evidence. Plaintiff no-2 examined in full and
discharged.
Documents marked exhibit 3,4,5 on proof and exhibit 6,7,8 on final proof waived. Defendant prays
time and to fix 10.1.92 for final evidence.
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10.1.92
Plaintiff and pro. Defendant files hazira . The case is taken up for further evidence. Defendant no.1
examined in full and discharged . It was already 4.40pm thus further hearing will take place on 15.1.92
Defendant no.1 examined in full and discharged . At this stage defendant prayer time is accepted
17.1.92 ,It is fixed for final evidence. Plaintiff no- 32 files an affidavit that he did not sign the plaint and
vakalatnama be kept with the record.
17.1.92
Parties file hazira. Case is taken up for further evidence , Defendant no.- 3 examined and discharged,
Defendant no. 4 examined in full and discharged. Evidence closed for defendant (state) , Defendant
(State) , not bring any witness. Parties prays time. To fix 22.1.92 for argument.
22.1.92
Parties file hazira. Plaintiff files objection against petitioner dated 15.1.92 and affidavit at 10.1.92.
Copy to be served . Let the petition be kept with the record.
30.1.92
Judgement deleivered before the open court . That the suit be and the same is dismissed on contest.
With costs as per judgement kept in separate sheets with the record.
11.2.92
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Case No. 3
Sl. No.
1. Nature or type of suit Case No. T.S 118 of 85
2. Filed on 3.4.85
3. Filed in which court District court Alipore
4. When it was initiated 9.9.85
5. When was the act of judgement 27.3.92
6 How much time 7
7. What was the result Dismissed on contest and ex parte on others
8. Filed by Plaintiff : Gour Chandra Halder
Defendent: Ekadashi Halder
3.4.85
The petition has been registered and issuance of summons by the court and by registered post, timings
fixed on 9.5.85 for approval and consenting to the formal receipt which has been filed within a week.
The plaintiff has filed this case on the grounds of the possession of property. Plaintiff is in the eastern
portion of the said property and defendant on the western portion. The suit property was not
partitioned between the parties and the defendant refused to make partition , thus the cause of the
suit. The defendant 1,2,4 appeared in the suit and contested the same by filing a joint written
statement. It is denied that the suit is maintainable and banned by limitation.
9.5.85
Plaintiff files hazira with postal receipt for registered returns and summons.
2.8.85
Plaintiff files hazira. Return of registered summon received served and services are
satisfactory.Defendant did not appeal , to fix 9.9.85 for ex parte hearing.
9.9.85
Plaintiff files hazira and defendant 1 and 2 file three petitions one for showing cause of delay and
then for vacating ex parte order and the other one for filing written statement. Copy served for
objection. Thus the learned is satisfied with the show cause explaining the delay , hence the ex parte
order will be vacated by the payment of cost of Rs. 8. Thus to fix 10.10.85 for payment of costs and
filing written statement. The Learned case will be heard ex parte.
10.10.85
Plaintiff files hazira. Defendant files appeal for time to file written statement. Hence the petition
stands rejected. The next date fixed for ex parte order is 5.3.86
5.3.86
The plaintiff files Hazira. The defendant 1,2 and 4 appear in person and file written statement along
with two petitions , showing cause of delay and vacating exparte . The said order on exparte has been
vacated on the payment of cost of rs. 5 and next date which is fixed for hearing is 22.4.86
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2.4.86
The plaintiff file a petition praying for filing of petition for exparte for delay. The next date fixed for
hearing the defendant 1,2 and 4 is fixed.
9.4.86
The plaintiff files a petition praying for issuing an adjournment petition against the defendant no. 3,5
to 11 .
Pending adj petition , affidavit, and issue notices upon the defendants no. 3,5 to 11 directing them to
show cause within 10 days within the recievi9ng of notices and why ends of justice shall not be
granted.
Meanwhile in view of the urgency of the matter , plaintiff and defendant 3, 5 to 11 are directed to
maintain status over the suit property . They are further directed that not to change the nature and
character of the suit property and not to make any construction , till further order. This order will
remain in force upto 30 days from the date. Issue of requisites at once. To fix 22,4.86 for return and
order.
10.4.86
The plaintiff files affidavit for compliance of order 8 and the petition be kept with the record.
22.4.86
The defendant files adjournment against the matter. Copy served and prayer accepted. To fix 22.6.86
accpeted.
6.5.86
The plaintiff files a petition praying for extension of adjournement with appropriate petition . Put up
when moved.
26.6.86
Petition file hazira . Defendant file a petition praying for time for hearing . Copy served and prayer is
accepted. To file 23.9.86 for return and order.
3.7.86
1.9.86
Parties file hazira and next date 23.12.86 for return and order.
23.9.86
Parties file hazira . The injunction matter is taken up for hearing. Perused the injunction petition and
records. Hence it is ordered. On consent of both parties are directed to maintain status quo as well as
nature and character of the suit land as on today till disposal of the suit. The the injunction petition is
deposed of accordingly.
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23.12.86
Parties file hazira. Acknowledgement already on record but the written statement filed by the
defendant 1,2 and 4 on 5.3.86 not yet accepted due to non payment of cost ,Rs. 13. To fix 12.2.87 for
payment of cost by defendant and acceptance of written statement.
12.2.87
Parties file hazira, cost of Rs. 13 paid as per receipt . Thus the written statement has been accepted.
To fix 8.5.87 for framing of issues.
3.5.87
Parties file hazira. Presiding officer is engaged in TS – 70/80. Case is adjourned . To fix 19.8.87 for
framing issue.
19.8.87
Parties file hazira. Presiding officer is on leave. To fix 19.1.88 for framing issue.
19.1.88
23.5.88
30.8.88
The plaintiff files a petition praying for substitution on the ground as stated therein. Copy served and
objected to. To fix 28.11.88 for hearing of substitute petition , without objection if any in the
meantime.
22.11.88
28.11.88
Plaintiff files hazira. Defendant took no steps. The petition dated 30.8.88 is taken up for hearing.
Learned curt heard the learned lawyer for the plaintiff’s petition , which is within time. Hence the
petition is allowed. Let the legal heir of the deceased defendant -1 be substituted. Hence the plaint
and registered accordingly. To fix 3.5.89 for steps by plaintiff.
3.5.89
Petition files requisite. Issue summons through court fixing. To fix 1.11.89 for return.
1.11.89
Plaintiff files hazira with postal receipt. To fix 18.4. 90 for action
Defendant appear by power and file a petition be put up on the date fixed.
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20.3.90
Record is put up by petition . Plaintiff-1 files a petition praying for electrical line. Copy is served. To fix
24.4.90 for hearing of petition dated 20.3.90 , written objection in the meantime.
18.4.90
24.4.90
Parties file hazira. Defendant files an objection against permission petition. Copy is served, defendant
files a petition for time for hearing. Copy is served.
Learned court has considered. Prayer is allowed . To fix 23.5 for hearing the petition dated 23.3.90
and steps by petitioner upon defendant 1.
23.5.90
Parties file hazira . To fix 22.7.90 for hearing the petition dated 20.3.90 . Plaintiff also files pre-
requisite . Issue summons through registered post fixing 30.10.90 for acknowledgement.
23.7.90
Parties file hazira. The petition dated 20.3.90 is taken up or hearing in presence of both parties , while
the petitioner prays for allowing his prayer for taking electric line in his possessed premises
establishing that he would take away the same at his own , if the said premises not allowed to him
after receiving the petition and it was further stated that if not not it will be too hard for petitioner to
get the electric line again.
The deft o.p contesting the petition by filing written objection later and the said contents can give rise
to further complications . Thats why this petition was rejected. But later the learned court also finds
out that electric line is important as it is difficult and costly to get but is important as well. Thus the
petition dated 20.3.90 , be allowed on contest to cost.
30.10.90
Defendant files hazira . Plaintiff files hazira but proper steps have not been taken against deft. Hence
the name of 1 be mentioned. To fix 11.4.91 for issue.
30.11.90
30.2.91
Record is put up by petition . Plaintiff files a petition dated 19.2.91 praying for local inspection . Copy
servd. Learned considered , perused the petition and the record. The petition is allowed. Plaintiff is
directed to deposit rs 80 promised as commission fee at once.
Subsequently plaintiff files a petition for depositing commission fee at his hand. Prayer is allowed.
Receipt filed . Let Pulak Manna advocate be appointed committee or holding local inspection. He is to
go to the locality after ue service of the notice to the parties through their authorised lawyer and hold
committee work as per points in the petition. He is to submit his report by 10 days.
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2.3.91
11.4.91
10.9.91
Present A. Choudhury
Parties file hazira. Issue framed and signed this day. To fix 30.11.91 for discovery.
30.11.91
14.12.91
25.1.92
25.2.92
On plaintiff’s prayer , issue summons upon witness at the risk of the party.
27.2.92
Parties file hazira. Defendant files a petition for time for petition hearing..Copy served. Leaned
considered. Prayer is accepted and to fix 16.3.92 for petition hearing.
5.3.92
The defendant files a petition praying for repairing of the room on the ground stated there. Copy is
served. Let it be kept with the record and putup on the date fixed.
16.3.92
Parties file hazira. Defendant petition dated 5.3.92 inputs up today , subsequently the petition also
not pressed . Hence the petition is rejected. The case is aken up for petition hearing. Plaintiff no.1,
Gour Halder examined in full and discharged . Evidence closed for plaintiff.
Documents with exhibit have been seen , Parties prays time.To fix 19.3.92 for argument.
19.3.92
Parties file hazira . Arguments heard in full in the presence of both the sides. To fix 25.3.92 for
judgement.
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25.3.92
27.3.92
Judgement delivered in open court in presence of both sides. That the suit be and the same be
dismissed on contest against deft 1,2, and 4 and exparte against the rest as per judgement kept in 4
separate sheets with the record.
7.8.93
The record is put up today for order. The decree is sealed and signed today.
19.12.96
Defendant files a verified petition praying for getting back the documents on the ground stated in the
petition . Prayer is rejected at this stage.
Case No.4
Sl. No.
1. Nature or type of suit 3 of 89 (Started with 69/87, then the room was
changed and it became 4/88), Class II
2. Filed on 23.7.87
3. Filed in which court District court Alipore
4. When it was initiated 11.9.87
5. When was the act of judgement 6.8. 94
6 How much time 7
7. What was the result The suit is decreed on contest
8. Filed by Plaintiff: Mrinal Kanti Ghosh
Defendant: Charubala Dey Khan
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23.7.87
Plaintiff puts in a petition praying for being exempted from filing a dvalorem court fee. It is stated that
there was no caveat entered in respect of the estate left by the testator and objection was filed after
citation whereby the case became contentious. Considered. It is being stated that the probate of the
said will and testament of the deceased above named be granted to the plaintiff as the sole executor
named therein to have effect throughout the whole of the union of India without security in terms of
the will and costs of this application to come out of the estate of the deceased. Thus the defendent
states in his petition that the alleged will is not maintainable and the alleged will is a product of colossal
fraud.
Thus the summons are issued upon the defendant fixing 11.9.87 for return and appearance.
11.9.87
Plaintiff files hazira. Service return is not received . Defendant did not appear. Time allowed 2.12.87
for filing written statement.
2.12.87
Plaintiff files hazira , summons served. On the prayer of deft no.1 , time is allowed till 3.2.88 for filinf
written statement.
3.2.88
Plaintiff files hazira. On the prayer of the defendant time is allowed till 17.3.88
17.3.88
Plaintiff files hazira. Deft again prays for time to file written statement . Sufficient time has been
granted . Time is allowed till 2.5.88 for filing written statement.
2.5.88
Plaintiff files hazira. Deft not files w.s and a petition under section 11 of 14 cpc. The w.s be accepted.
Copies be served by 20.5.88
The room got changed , thus the order no. Also changed. O.S 4/88
20.5.88
Record received by transfer from the court of the learned district judge for disposal. Put up on the
date fixed.
Plaintiff files hazira. Defendant file no hazira. Copy not yet served , Plaintiff is directed to serve copies
by 23.6.88
23.6.88
Parties file hazira. Copy of the petition is served to plaintiff who is to file written objection by 6.7.88
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6.7.88
Defendant files hazira. The plaintiff filed no objection . Fix 29.7.88 for hearing of the petition dated
2.5.88
29.7.88
Plaintiff files a petition praying for adjourning the hearing u/s 11 dated 2.5.88 on the ground as stated
in the petition. Prayer accepted , next date 16.8.88
16.8.88
Advocates remain absent as per resolution as the local bar. In the circumstances let the hearing of the
suit be adjourned to 8.9.88
8.9.88
Deft files hazira. Plaintiff files a petitition for adjournment , copy served and no objection. Perused
and prayer accepted. Adjournment hearing of the suit.
5.10.88
Parties take no steps. Ld. Advocate doesnot appear in the court as per resolution of the local bar. Let
the hearing of the suit be adjourned to 21.11.88
21.11.88
Defendant files hazira . Plaintiff files a petition praying for adjournemt. Prayer accepted and adj
hearing deferred til next date 15.12.88
15.12.88
Deft files hazira. Plaintiff files a petition prayer for an adjoint copy served and no objection. Prayer
accepted , adjourned hearing of the suit to 25.1.89.
25.1.89
Deft files hazira. Plaintiff files a petition prayer for an adjoint copy served and no objection. Prayer
accepted , adjourned hearing of the suit to 1.3..89.
1.3.89
Deft files hazira. Plaintiff files a petition prayer for an adjoint copy served and no objection. It appears
that u/s 11 rule 14 is pending. Let the hearing of the petition be fixed for hearing the suit to 4.4.89.
4.4.89
Required parties file hazira. Plaintiff files a petition prayer for an adjournment on the grounds stated
in petition , the petition praying for adjournment is allowed . Prayer accepted , adjourned hearing of
the suit to 4.5.89.
4.5.89
Deft files hazira. Plaintiff files a petition praying for an adj. The petition is shown and no rejection
raised. The petition is allowed for hearing for 3.7.89
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8.7.89
Record received by transfer from the court of the learned district judge for disposal. Put up on the
date fixed. It is registered on SDPH
19.8.89
17.11.89
Deft-1 files hazira. Plaintiff files a petition of adjourned hearing on ground stated via copy and no
objection stated in the prayer. The petition u/s 11 rule 14 cpc has been perused.
After the petition is heard , prayer in the petition is allowed. The next date fixed for hearing is 12.12.89
12.12.89
Parties file hazira and presiding officer is absent. To fix 18.1.90 for hearing.
18.1.90
Parties file hazira. P.O is engaged in sessions. Adjourned till 14.2.90 for petition u/s 11.
14.2.90
Plaintiff files hazira. No steps taken by defendant. The petition u/s 11 is put up for hearing. The said
petition is rejected. To fix 28.3.90
28.3.90
Plaintiff files hazira. Defendant files a petition for adjournment of hearing on the ground stated in the
copy served and no objection filed , prayer is allowed.
Later
15.5.90
Both parties file separate petitions for obj. On the ground stated in the copy , thus prayer is accepted.
ADJ. TILL 25.6.90 for petition hearing.
20.6.90
On the prayer of the plaintiff in the ws , the witnesses are cited therein. Fixing hearing on the date
mentioned in the copy.
25.6.90
Deft. Files hazira. Plaintiff files a petition for adj. Of petition hearing on the ground stated in the copy
and this prayer is allowed. Adj. Is 14.8.90 for petition hearing.
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14.8.90
Parties file hazira. Plaintiff files a petition and a affidavit for remission of witness on commission. Copy
served and strongly objection. Plaintiff also files a petition for adjournment of hearing on the ground
stated , prayer is allowed. Adj 30.10.90 for petition hearing.
13.9.90
Plaintiff files hazira. Deft 1 files objection against examination of witnesses on commission . Copy
served . To file 30.10.90 for hearing of petition of commission.
30.10.30
Parties file hazira. Plaintiff files a petition for examination of attesting witness first before the
commission of plaintiff. Next date for examination of witness in commission in petition dated 14.8.90
and its objection . heard both the sides.
An application is also filed by the plaintiff praying for appointment of a commissioner or taking
evidence of plaintiff’s witness , at the witness’s own house , stating that the witness is an attesting
witness of the will left by the deceased . This application is resisted by the defendant. Thus the learned
court accepted the prayer of the plaintiff and rejected the prayer of the defendant. Also the
commission cost is 300 which needs to be paid to the court .
30.11.90
7.12.90
Commission cost is paid. Receipt filed. Commission to submit the receipt 3.1.91
3.1.91
Deft. Files hazira. Writ have not been filed. Next date for fixing 31.1.91
31.1.91
Deft. Files hazira.Writ have not been filed and fixing 1.3.91 for submission of the copy of the
commission.
1.3.91
Defendant files writ. Writ have not been filed . To fix 5.4.91 for submission of the copy of commission.
5.3.91
5.4.91
Deft filed hazira. Presiding officer on leave and receipt also not filed
14.5.91
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4.6.91
Plaintiff files a petition praying to direct commission officer for producing of the will before the
commission on 8.6.91 for holding commission work of the ltd judge. The prayer is allwed. The will
needs to be produced in time by the commission which found in 8.6.91. Plaintiff to pay deposit to T.A
11.6.91
Receipt not filed. To fix 26.7.91 for submission of copy of the commission.
26.7.91
Parties have filed hazira. To fix 9.8.91 for submission of cpy of the commission.
After above order is passed the commission filed his report. Put up is fixed.
9.8.91
Defendant files hazira. Commission filed report. To fix 27.11.91 for petition hearing of the writ.
27.11.91
Defendant files hazira. Plaintiff files a petition for adjournment. Copy to be served for no objection.
Hence both sides prayer allowed. Adj. Till 5.3.92 for petition hearing of writ.
5.2.92
Defendant files hazira. Plaintiff files a petition for adjournment. Copy to be served for no objection.
Adj. Till 8.4.92 for petition hearing of writ.
8.4.92
Plaintiff files hazira. Deft files a petition for adjournment of hearing . Heard both sides and prayer is
allowed. Adj. 10.6.92 for petition hearing.
11.6.92
10th was bandh thus the next date is today. Appelant files a new vakalatnama and files an unified
prayer for being substituted for deft no.2 who dies on 4.5.92. Copy not served for 29.6.92. Copy to be
served to both plaintiff and defendant.
24.6.92
Plaintiff files hazira and presiding officer is on leave. To fix 24.7.92 for order of petition dated 11.6.92
24.7.92
Plaintiff filed hazira. Substitute petition dated 11.6.92 is put up . Copy of submission to be given to
plaintiff 1 and defendant 1. The next date of hearing is 14.8.92
14..8.92
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9.9.92
Plaintiff files hazira The petition dated 11.6.92 died and an appellate named rita have prayed for
substitution of the deceased deft-2. The prayer has been accepted as it is filed witjin time.The next
date for hearing is 23.11.92
23.11.92
Plaintiff files hazira. Handwriting is not legible. The plaintiff files for adjournment, next date is fixed
till 14.1.93.
14.1.93
Plaintiff files a petition for adjournement. Of petition hearing. The P.O is on leave. Adjournement. Is
given till 2.3.93
2.3.93
Plaintiff files petition for adj. Of hearing of the suit on the ground stated therein. Plaintiff files a
petition for hearing of the suit on the ground stated therein. Plaintiff files a petition for recalling the
witness in further examination. Adjournment petition is fixed on 23.3.93 for submission of copies of
petition.
23.3.93
Plaintiff files hazira. No receipt filed for showing number of copies served dated 2.3.93 . Next date
fixed is 17.4.93
17.4.93
Plaintiff files hazira. No receipt filed for showing number of copies served dated 2.3.93 . Next date
fixed is 17.4.93
14.5.93
Plaintiff files hazira. Copy served to deft.1 and postal A/D fixed for 2.6.93 for petition dated 2.3.93
3.6.93
8.7.93
Plaintiff files hazira. The application dated 2.3.93 for further examination of the plaintiff’s witness.
This prayer is allowed. The evidence of above witnesses is also done. Handwriting is illegible. The
plaintiff has to pay rs. 150 to the commission by 15.7.93.
15.7.93
Plaintiff files a hazira. For appearing of the adjoint commission and charging the adjoint commission
on the ground stated in petition 31.7.93
31.7.83
Plaintiff files petition showing that the power of commission costs which is to be kept with the said
petition of writ accordingly and be put for report as on 4.9.93
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4.9.93
Writ have not been issued. Writ adjournment of 7.10.93 in submission of report.
7.10.93
Writ have not been issued. Writ adjournment of 13.12.93 in submission and report.
14.10.93
7.12.93
13.12.93
Plaintiff files hazira. The learned commission files adjournment for the submission and report
11.1.94
Learned commission files a petition for dismissing on the ground for production of will on 15.1.94 for
holding the commission. This petition is allowed . B.C II , Dulal Chandra Halder is dismissed to produce
the will after the issue of commission which is scheduled on 15.1.94. Plaintiff to pay a deporsit , T.A in
the petition.
21.1.94
Report to be submitted to the learned commission for 8.2.94 for submission and report.
8.2.94
Plaintiff files hazira. Ld. Commission files a petition for filing of report on the ground stated therein.
To fix, 28.2.94 fo submission and report.
28.2.94
Plaintiff files hazira. Deft. 1 files a petition on 22.2.94 paid in power for probabte in form of the plaintiff
after declaring the will as genuine copy on 17.3.94 for the commission report.
17.3.94
Parties file hazira. The petition dated 22.2.94 is put up today by defendant 1 or hearing on 20.4.94
20.4.94
No steps are taken. Parties were found absent. To fix 19.5.94 for hearing argument of the suit.
19.5.94
Plaintiff files hazira. Plaintiff files a petition for an adjournemtn of the argument of the suit on the
ground stated therein. Plaintiff files a petition praying for producing further evidence and for issuing
summons for the witnesses and also prays for the issue of summons. The prayer or adjournment is
allowed. To fix 24.6.94 for fixing hearing of argument . Summons will be issued on the witnesses on
plaintiff’s depositing money via T.A cpc.
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24.6.94
Plaintiff files a petition for adjournment of further hearing of argument within ground stated therein.
The prayer is allowed.
29.6.94
Petition files appeal along with requisites and process servers TA .with a prayer for issuing summons
upon the witnesses through the caveat’s process server as the ground stated therein. Considered and
perused the prayer and the same is allowed. Issue of summons upon the witnesses fixing for date
20.7.94
20.7.94
Plaintiff files hazira. P.O is engaged in the will for 2.8.94 for hearing arguments .
2.8.94
Plaintiff files hazira. The petition is taken up for hearing argument. Heard argument in full for plaintiff.
To fix 6.8.94 for judgement
6.8.94
Judgement is given this day in the open court . The suit is decreed on contest. Copy of the judgement
passed after hearing.
21.9.94
Plaintiff files a unified petition fixing for issuing probate of will of the deceased after putting stamp
duty on the basis of plaintiff’s own valuation in petition 16.11.94
16.11.94
Plaintiff files hazira. P.O is engaged in session. To fix 21.11.94 for hearing petition dated 21.9.94
21.11.94
No steps taken and plaintiff is found absent on calls. For the cause of genuinity the case is certified on
2.12.94 for hearing of the petition dated 21.9.94
2.12.94
No steps are taken. Plaintiff is found absent on calls. The application dated 21.9.94 is put up.
On the last day , the learned Lwyer for plaintiff submitted that max cost fixed upto 10000 he paid for
an order of granting probate.
As no steps are yet taken in turn of his substitution of the petition praying for giving probate on the
own valuation.
5.12.94
Plaintiff files a petition supported by an affidavit praying for acceptance of the cost of rs. 10000 in
giving a probate certificate in terms of Supreme court and high court calculated by the learned lawyer
for plaintiff . When the maximum cost of Rs. 10000 in a probate case has agreed to be paid , the prayer
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is aloowed. Plaintiff is permitted to pay in the cost of 10000 withn one month . To fix 7.1.95 for filing
cost.
7.1.95
31.1.95
28.2.95
Case No. 5
Sl. No.
1. Nature or type of suit T.S 105 of 1997 (class 1)
2. Filed on 6.5.97
3. Filed in which court District court Alipore
4. When it was initiated 21.5.97
5. When was the act of judgement 6.2.2002
6 How much time 5
7. What was the result The suit is dismissed on contest
8. Filed by Plaintiff: Mrinal Kanti Ghosh
Defendant: Charubala Dey Khan
6.5.97
Register case and fee paid Rs. 8.25 are correct. Requisite put in affidavit of the appeal. Issue notice
upon the respondent , through court and by regd. Post with A/D to 2.7.97 for speed A/D. This suit is
filed after the plaintiff remained aggrieved still after the disposal of the case no. 146/96. The original
case states that she purchased land measuring 1 cottah, 13 chataks, 31 sq. Ft. From Dilip kr. Sarkar by
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a deed of 28.9.73, as described in schedule A . She again purchased 1 cottah,31sq ft of land from the
same person named dilip by another sale deed. Described in schedule B, to the plaint. The properties
are adjacent to each other is plot no. 942 is Mouza Behala. Also she got another land from Dilip Kr.
But later deft.1 claiming to be power of attorney of deft 2. Along with polic42/51 e and some process
server person of court came and demolished the property of the plaintiff and threw everything out.
They claimed that they would be taking possession of the property on the basis of a writ issued in
execution case. At that time being perplexed the plaintiff signed a document as dictated by deft 1.
Under compulsion the plaintiff issued a cheque of 19k . The defts claimed that they had filed a suit
already in respect to the plot 942 and 943 in the year 1951 and during the pendency of the suit it was
purchased by Dilip kr sarkar and he then sold it off to the present plaintiff. The deft. Puts up the facts
stated in said suit of 242/51 and put it as Execution case no 15/75 and on the basis of the said decree,
the defts got possession part by part and lastly on 26.12.90 the deft hasve got the possession of the
property through court and police help. On the same date plaintiff approached the defts for purchase
of the properties saccording as agreed for sale was executed between the parties and part payment
is made by the plaintiff as 19k. Then the plaintiff became the tenant at a rental of rs. 500 only a month.
The possession of the property was taken on 26.12.90by defts. Through court. The plaintiff’s suit was
dismissed by the trial court on contest , thus the present case has arose because this .
21.5.97
Respondent No.1 and 2 entered appearance by vakalatnama put up for call for records.
27.6.97
Parties file hazira as next date fixed for 5.7.97 for general questioning.
5.7.97
1.8.97
Record received from District Judge Alipore for disposal . To fix 30.8.91 for hearing appeal.
30.8.97
Respondent files hazira. Apellant files a petition for adj. Of hearing appeal . Copy served and no
objection filed. Ld has considered prayer and allowed. To file 29.9.97 for hearing appeal
8.12.97
Parties are ready. Heard argument in part. To fix 14.1.98 for further argument.
14.1.98
Appellant files a petition for an adj. Of hearing . Copy served and no objection raised . Ld. Considered
prayer and allowed . To fix 12.2.98 for further argument . Respondent files hazira.
12.2.98
Respondent files hazira. Apellant files a petition for an adj. Of hearing appeal. Learned has considered
prayer and has allowed. To fix 25.3.98 for hearing appeal.
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Respondent files a verified petition for call for record for T.Ex 15/78 copy served and objected to. To
date for orders.
25.3.98
Parties are present . Appeal is taken up for hearing . Heard learned lawyer for appellant in part . To fix
18.4.98 for further argument.
Petition dated 12.2.98 for calling for the record of T.Ex. no 15/78 is put up for hearing. Heard both
sides. Prayer is considered and allowed and record is called for. T.Ex. nO 15/75
18.4.98
Parties are present . P.O is on leave. P.O incharge is engaged . To fix 13.5.98 for further argument.
Later
Respondent files a certified petition for call for record of T.Ex. 15.78 of the learned court 2nd sub judge
, copy tendered and referred to take copy . Let it be kept with the record.
Respondent files hazira. Appelant files a petition for an adj. Of hearing . Ld . has considered prayer and
to fix 25.5.98 for further argument.
26.5.98
Due to bangle bandh on 25.5.98 , record is put up today. To fix 15.6.98 for further argument.
15.6.98
Parties are present. P.O is transferred. P.O in charge is engaged otherwise . To fix 1.8.98 for hearing
appeal.
1.8.98
Parties are present. P.O is engaged otherwise. To fix 17.9.98 for hearing appeal.
17.9.98
Respondent files hazira. Appellant files a petition for adj. Of hearing appeal. Copy served . Heard
prayer is considered and allowed. To fix 23.11.98 for hearing appeal
23.11.98
Parties are present . Appeal is taken up for hearing Heard learned lawyer for appellant in part. At this
stage appellant files a petition for an adj. Of hearing appeal. Heard prayer is considered and allowed.
To file 21.12.98 for further hearing.
2.12.98
Parties are present. Further argument is heard. Heard ld. Lawyer for appellant argument is heard. At
this stage respondent files a petition for an adj. Of argument of heard prayer which is considered and
allowed. To 17.12.98 for further argument.
17.12.98
Parties are present. P.O as engaged otherwise. To fix 13.1.99 for further argument.
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13.1.99
Both parties file hazira. Further argument is heard.Heard learned lawyer for respondent in part. At
this stage respondent files a petition fo an adj. Of argument. Heard prayer is considered and allowed.
To fix 16..2.99 for further argument.
16.2.99
Both parties file hazira. Further argument is heard.Heard learned lawyer for respondent in full. At this
stage respondent files a petition fo an adj. Of argument. Heard prayer is considered and allowed. To
fix 11.3.99 for further argument.
11.3.99
Parties files hazira. Subsequently appellant files a petition for an adj. Of argument. Heard prayer is
considered and allowed. To fix 13.4.99
13.4.99
Both parties file hazira. P.O is engaged otherwise. To fix 3.5.99 for further argument.
3.5.99
Both parties file hazira. P.O is engaged otherwise. To fix 18.5.99 for further argument.
18.5.99
Parties file hazira. Heard argument both sides. To fix ..... for delivery of judgement. (Please see next
date’s judgement where judge has mentioned the reason for his not beng able to mention date of
report)
24.4.2000
Out of inadvertence the judge says that he has missed o notify the date to fix for delivery of judgement.
He proposes to deliver the same as early as possible but before that he would like to hear the parties
once more. In the alternative the parties may file written argument to give quick delivery of
judgement. I like to fix up two consecutive dates for the purpose.
To fix 22.5.2000 and 23.5.2000 for fresh hearing of the appeal in the alternative to file written request
by the parties.
22.5.2000
Respondent files hazira. Appellant files a petition for an adj. Of hearing. The dates P.O is on leave . P.O
in charge is engaged otherwise. To fix 16.6.2000 for further hearing , respondent files written
argument.
16.6.2000
The respondent files hazira. The appellant files petition praying for time to prove that which is
mentioned in petition. Copy is served. Heard the prayer for time is allowed for ends of justice. To fix
29.6.2000 for filing written argument by the appellant.
29.6.2000
Parties file hazira. Appellant files argument. To fix 15.7.2000 for judgement.
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15.7.2000
29.7.2000
18.8.2000
16.9.2000
26.9.2000
15.11.2000
P.O is engaged of the hearing. Judgement not yet ready. To 28.11.2000 for judgement.
28.11.2000
18.12.2000
Judgement not yet ready, as P.O is engaged . To fix 19.1.2001 for judgement.
9.1.2001
22.1.2001
19.2.2001
28.2.2001
13.3.2001
31.3.2001
10.4.2001
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30.4.2001
21.5.2001
13.6.2001
22.6.2001
10.7.2001
26.7.2001
27.8.2001
15.9.2001
9.10.2001
28.11.2001
12.12.2001
20.12.2001
14.1.2002
30.1.2002
6.2.2002
Judgement delivered today in open court. That the T.A stands dismissed on content . The judgement
and decree passed in the 2nd court of ed civil judge (sr. Div) at alipore on 31.3.97 in T.S no. 146/96 is
hereby confirmed as per judgement passed in separate suits.
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14.2.2002
Case No.6
Sl.
No.
1. Nature or type of suit O.S 90 of 1991 (class 1)
2. Filed on 8.9.91
3. Filed in which court District court Alipore
4. When it was initiated 30.9.91
5. When was the act of judgement 9.3.97
6 How much time 6
7. What was the result The suit is dismissed on contest
8. Filed by Plaintiff: Tapan Kr. Shaw
Defendent : Raghunath Prasad Kanu
8.9.91
The plaint is registered . Issuance of summons are sent through court and via regd post . To fix 10.1.92
for contest.
The suit arose by the plaintiff when he found that there was some materials worth 30000 sold by the
defendant to the plaintiff, through a sale deed via a business man who was later impeded proforma
defendant. The defendants are the recorded owner of the said property which is under contention
now named as suit premises. That the suit premises situate at the adjacent eastern side of the
plaintiff’s property. The plaintiff requested the defendant to provide him with an accommodation for
the purpose of the plaintiff’s business of building materials as a tenant but the defendants demanded
substantial money and refused to grant any record for tenancy. The defendants had to accept the
tenancy in garb of license after signing a purported license agreement prepared by the defendants.
The defendants had to sell off the rooms to the plaintiff at an amount of 20k and would take a loan of
30k out of which he would pay the remaining 20k . Incase the defendants aint able to pay the sum of
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30k then the property would go to plaintiff. Thereafter the plaintiff was required to pay a total sum of
30k . Since then the plaintiff is occupying the said premises. The plaintiff of this suit stood as a
guarantee for repayment of the said sum of money. Later the proforma defendant demanded back
the money from the plaintiff which they neglected and didn’t pay. Thus the proforma defendant
complained the same to the plaintiff who then had paid back the money to the defendant from whom
the sale deed was taken. He had acknowledged the receipt of the said sum and issued a writing on
5.8.88 , subsequently the facts were incorporated in an agreement dated 17.10.89 between the
plaintiff , this defendants 1 and 2 and the defendant. The proforma defendant submits that he
received payment of Rs. 30000 from the plaintiff of this suit but he didnot disclose the facts of payment
to the original creditor. Subsequently these defendants gave a declaration on 17.10.89 wherein this
defendant was a signatory. The defendant deny of allegation by the plaintiff that the defendants are
supposed to pay any money to plaintiff and that they deny the allegations as well as the fact that they
have received money from defendant.
30.9.91
Plaintiff’s prayer for record is put up today. Plaintiff / petitioner files a petition u/s 39 Rule 1 and 2, at
C.P code and with section 151 at cpc. Praying for an order at temporary injunction restraining the deft.
1and 2 against from disposing the plaintiff from the suit remises without due process of law till
disposal of the suit and may be pleased to pass ad interim order of injunction should be granted.
Heard and perused by the presiding officer . Perused the plaint , petition and affidavit and the
documents. The issuance of notice upon the deft. No 1 and 2 to show cause within 7 days. From the
dat of reciet of the notice as to why the temporary as well as the ad interim order of injunction shall
not be granted in terms of the plaintiff’s prayer. Both parties are directed to maintain status quo in
respect of the suit property till the disposal for temporary injunction. The plaintiff is asked to comply.
1.10.91
Affidavit along with postal reciets has complied order 39 rule 3 of the cpc. Requisite put in. Process
fee paid. Isue of writ and show cause notices , next date for fixing 10.1.92 for return and order.
4.10.91
On plaintiff’s prayer , record is put up today. Plaintiff files a petition u/o 6 rule 17 praying for an
amendment at plaintiff. Hence perused the petition . The proposed amendment will not change the
nature and character of the suit . The prayer of amendment is considered. Perused the plaint and
registered accordingly.
Later, Plaintiff also files an application u/s 151 at cpc praying for an order to extend and apply the rder
at status quo passed on 30.9.91 vide order no.2 upon the deft no. 2and be allowed to make a free
compliance u/s 39 at the said deft. 2. Learned adv. Moved the application.
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5.10.91
Affidavit filed on behalf of the plaintiff showing compliance with the provisions u/o 39. Plantiff also
files petition along with postal receipt which is to be kept in record.
5.12.91
On plaintiff’s prayer the record is put up today. Plaintiff files a petition u/s 151 pf cpc praying for an
order of injunction. To fix 18.12.91 till the disposal of the suit.
18.12.91
Plaintiff files hazira. P.O is also in charge of registrar , District Judges court Alipore and is very much
busy with administrative works as registrar. No time today . For ends at justice the case is adj. To
10.1.92 for hearing the petition u/s 151
10.1.91
Plaintiff files hazira. Deft. No 1 and 2 appears by filing a joint vakalatnama and files two separate
petition praying for time to file w/s and w/o against the injunction petition , copy served . Prayer for
time is allowed.
To 4/2/92 for filing w/s Also fix 24/2/92 for hearing of petition.
After the order has been prayed. Deft. Also appears by filing a vakalatnama and files a petition praying
for time to file w/s on the ground stated. Time is allowed. To fix 4/2/92 for filinf w/s.
4.2.92
Plaintiff files hazira. Defts files two separate petition praying for time to file w/s on the ground stated
therein. Prayer is considered and allowed.
24.2.92
Plaintiff files hazira . Deft. Files a petition praying for adj. Of hearing. Copy served and objected to.
Hence prayer for adjournment is allowed. To fix 1.4.92 for hearing petition.
10.3.92
Plaintiff files hazira Deft files a petition praying for time to file w/s on the ground stated therein. Prayer
is allowed. To fix 9.4.92 for filing w/s. W/s is filed on behalf of deft. 3. Copy served.
1.4.92
Plaintiff files hazira. Deft. Files petition praying for praying for adj. Of hearing. Copy served and
objected to. Hence prayer for adjournment is allowed. To fix 28.4.92 for hearing petition u/s 151.
9.4.92
Plaintiff files hazira. Deft. Files petition praying for praying for adj. Of hearing. Copy served and
objected to. Hence prayer for adjournment is allowed. To fix 15.5.92 for hearing petition u/s 151.
28.4.92
Both parties file hazira.Deft, files written objection against the injunction petition . Copy served and
objected to. As the P.O is busy with fixing over charge at the office and cash of the register.D.J Court
as per order at the ld. District judge. The case is adj. to 3.6.92
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15.5.92
Plaintiff files hazira. Deft files a petition to file for time.to file w/s on the ground stated above. Prayer
is allowed. To fix 18/6/92 for filing W/S.
18.6.92
Both the parties file hazira. Plaintiff files an affidavit in reply against the objection filed on behalf of
Deft no.1.and 2 . Copy served . Defts no.1 and 2 also files a supplementary objection against the
plaintiff injunction petition. Copy served and objected to.
P.O being in charge as registrar is very much busy. The case is adj. 10.7.92
later
Plaintiff files hazira. Deft files a petition to file for time.to file w/s on the ground stated above. Prayer
is allowed with cost of rs. 15. To fix 20/7/92 for filing W/S.
10.7.92
Both parties file hazira. P.O being in charge , he is busy. The case is adj to 18.8.92
20.7.92
Deft files a petition to file for time.to file w/s on the ground stated above. Prayer is allowed. To fix
24.8.92 for filing W/S.
18.8.92
Both parties file hazira. P.O being in charge , he is busy. The case is adj to 6.11.92
24.8.92
Plaintiff files hazira. W/S filed on behalf of deft . 1 and 2 . Copy served . Copy not paid. To fix 6.11.92
for serving copy of w/s and payment of cost.
7.11.92
It is being closed for bangle bandh To fix 18.12.92 for hearing of petition . To date for serving copy of
w/s and payment cost
18.12.92
Both parties file hazira. P.O is very much busy . The case is adj. To fix 19.1.93 for writing the petition.
Defts are directed to serve copy at w/s and pay cost by the date fixed.
19.1.93
Plaintiff files hazira. Deft fixes no steps. P.O is very much busy. The case is adj. To 15.3.93 for hearing
copy at w/s and prayer at cost. Defts are directed to serve copy of w/s and payment at cost by the
date fixed positively . Time will be allowed.
15.3.93
Both parties file hazira P.O is very much busy with sessions case. Acoordingly the case is adj. To 10.5.93
Defts file a petition showing payment at cost and for serving copy at w/s . To date for servin order.
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10.5.93
Both parties file hazira The petition for hearing is put up for hearing . Heard both sides.
The plaintiff has failed to make out any prima facie and the balance or imbalance is not in their favour.
Rather the same is in favour of deft 1 and 2 . That aprt the loss faced by plaintiff must be compensated
by the money. Thus the injunction has no merit.
Thus the injunction order of sec 151 filed by petition stands dismissed in costs. The order maintaining
ad interim status quo in the suit property passed vide order no 30.9.91 lies vacated.
Later
It appears from the record that Deft . already served the copy of w/s and with cost . Accordingly the
w/s filed by the deft be accepted. To fix 24.6.93 for framing issues.
24.6.93
30.9.93
The record is put up today for order as the order sheets were lying in the respective dept. To fix 7.12.93
for framing issues . Petition is with fresh vakalatnama be kept in the records.
7.12.93
Plaintiff files hazira . As per resolution at the bar association. , Ld lawyer are not participatory in the
proceedings. The case is adj. To 21.1.94 for framing of issues.
21.1.94
Plaintiff files hazira P.O is ngaged otherwise. The case is adj. To 15.3.94 for framing issues.
15.3.94
Plaintiff files hazira. Deft takes no steps for ends of justice. To fix 29.4.94 for framing of issues.
29.4.94
Due to case work as per resolution at the local bar , the case is adj. To 3.6.94 for framing issues.
3.6.94
Plaintiff files hazira. Deft files no hazira and takes no steps. Deft is directed to show cause by 28.6.94
as why the suit shall not be heard.
28.6.94
Plaintiff files hazira. Deft Files no hazira and takes no steps. Deft is directed to show cause by 12.8.94
and for hearing.
12.8.94
Plaintiff files a petition. Praying for adj. Of hearing at the suit on the ground. Prayer for adj is allowed.
To fix 16.9.94 for exparte hearing of suit.
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16.9.94
Plaintiff files a petition praying for adj of hearing of the suit. Heard prayer and adj. Allowed . Last
chance. To fix 28.11.94 for ex parte hearing of suit.
28.11.94
Plaintiff files a petition for time for exparte hearingon the ground stated therein. To fix 10.1.95 for
exparte hearing.
10.1.95
Original record already sent to the ld. District judge south 24 parganasalipore. To fix 2.3.95 for order
awaiting original record.
2.3.95
3.5.95
26.6.95
27.6.95
Received copy pf judgement along with original record. That the rise of appeal be aloowed for ex parte
against the deft. / respondent 1 and 2 . The order of the learned , asst district judge is hereby set aside.
Let it be kept with the record and date for order.
16.8.95/ 18/5/95
16th being declared bangle bandh . The record is put up today. To fix 2.11.95 for further order.
2.1..95
Plaintiff files hazira. Deft files no steps . Fix 13.12.95 for exparte hearing.
Plaintiff files a petition along with a medical certificate praying for adj. of exparte hearing at the suit
on the ground stated therein. Heard prayer. For adj. Allowed. To fix 29.1.96 for exparte hearing of the
suit.
29.1.96
Plaintiff files a petition along with a medical certificate praying for adj. of exparte hearing at the suit
on the ground stated therein. Heard prayer. For adj. Allowed. To fix 11.3.96 for exparte hearing of the
suit.
11.3.96
Plaintiff files a petition praying for adj. Of exparte hearing of the suit . Heard prayer. Adj. Is allowed.
To fix 24.4.96 for hearing ex parte hearing of the suit.
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24.4.96
Plaintiff files hazira. P.O is transferred . The case is adj. , to fix 12.6.96 for ex parte hearing of the suit.
12.6.96
Plaintiff files hazira. P.O is very busy in connection with other sessions. It is already 4.30 today , hence
no time. The case is adj. To 5.8.96 for exparte hearing
5.8.96
Plaintiff files hazira. P.O is very busy in connection with other sessions. It is already 4.30 today , hence
no time. The case is adj. To 27.8.96 for exparte hearing
27.8.96
Plaintiff files hazira. P.O is very busy in connection with other sessions. It is already 4.30 today , hence
no time. The case is adj. To 26.9.96 for exparte hearing
26.9.95
Plaintiff files hazira. P.O is very busy in connection with other sessions. It is already 4.30 today , hence
no time. The case is adj. To 5.10.96 for exparte hearing\
5.10.96
Plaintiff files hazira. P.O is very busy in connection with other sessions. It is already 4.30 today , hence
no time. The case is adj. To 16.11.96 for exparte hearing
16.11.96
Plaintiff files hazira .Today is fixed for exparte hearing. Documents are filed and deft takes no steps
and found absent on reported calls. The suit is taken up for exparte.
Plaintiff 1 is examined in full and discharged. Documents proved and marked as exhibits.No other
witness is present , hence evidence is closed. The unstamped agreement is required to be stamped
hence stamp penalty is directed for to the sherestadar and to submit the report by 26.11.96 for further
order.
26.11.96
Seen the sherestadar’s document. Plaintiff’s copy for stamp penalty paid needs to be furnished.
Plaintiff also files a petition for adj. Of further hearing on the grounds as stated therein.
Ld. Prayer is allowed. To fix 29.11.96 for further ex parte hearing of the suit.
29.11.96
Plaintiff files a petition praying for recalling P.W 1 , defendant is found absent on calls. The case of
exparte is heard in part. PLAINTIFF 1 AND 2 ARE EXAMINED IN FULL AND DISCHARGED. Plaintiff also
furnished the stamp duty penalty. Evidence of plaintiff is closed.
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Later, It is found that the original documents are not filed by the plaintiff (agreement), also the plaintiff
1’s evidence does not tally with the schedule. It is necessary for clarification and re hearing of the
case.Plaintiff is directed to provide original agreement. 6.12.96
6.12.96
Plaintiff files hazira.P.O is busy FOR PROBATE MATTER. To fix 17.1.97 for exparte hearing.
17.1.97
Plaintiff files hazira. P.O is transferred and p.o in charge is busy. To fix 31.3.97 for ex parte.
31.3.97
Plaintiff files hazira. P.O is busy. To fix 4.6.97 for further ex parte hearing.
4.6.97
Plaintiff files hazira. Plaintiff files a petition for recalling the p.w 1 on the grounds stated therein. Prayer
is allowed. TAKEN UP FOR FURTHER HEARING. P.w 1 FURTHER EXAMINED. Documents proved and
Marked.Evidence cloed.
It is found that the defts agreed to sell to the plaintiff has been mentioned .whereas in the schedule
to the plaint and in evidence of the plaintiff stated that the deft agreed to sell 2.5 cottahs of land under
the circumstance for further clarification. To fix 10.7.97 for further hearing of suit.
10.7.97
Plaintiff files hazira. The suit is taken up for ex parte hearing. Heard learned adv for plaintiff.
The suit is decreed with exparte with cost against the defendants. The plaintiff does get a decree for
specific performance of contract in respect to the suit property. The defendants are directed to
execute and register sale deed in favour of plaintiff within 4 months from the date of decree in respect
of the suit property failing which the plaintiff shall be at liberty to execute and register the sale deed
in his favour through court. In that case the defendants have to bear the cost and registration of the
deed.
22.7.97
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Case No.7
Sl. No.
1. Nature or type of suit T.A 49 of 1987
2. Filed on 17.2.87
3. Filed in which court District court Alipore
4. When it was initiated 11.5.87
5. When was the act of judgement 29.3.96
6 How much time 9
7. What was the result The suit is decreed on contest
8. Filed by Plaintiff: Prafulla kr. dutta
Defendent : Bimala dutta
17.2.87
Register duty Rs. 16.25 paid. Requisites published in avidavit appeal. Issuance of notice fixing 11.4.87
for A/D , return order of postal receipt. Call for records
The plaintiff’s case in brief is as follows. The defendant is a monthly tenant in respect of the suit
premises at rental of rs 12 payable according to the English calendar. The defendant defaulted in
payment of rents since July 1975. The plaintiff is the owner of the suit premises which is reasonably
required by him. He having no other reasonably suitable accommodation elsewhere . notice of
ejectment was duly served upon the defendant but as he did not vacate the present suit has been
failed. The defendant contested the suit by filing written statement denying all the material allegation
against him and contending that the plaintiff has no cause of action , that the defendant is not a
defaulter as alleged , that the suit premises is not reasonably required by the plaintiff that the alleged
notice of ejectment is not legal or valid and that the suit should be dismissed with costs.
11.5.87
The record is present today . Respondent appeared with a vakalatnama. To fix 25.6.87
25.6.87
18.7.87
1.8.87
The record received this day from the ld. District judge by order of transfer for disposal . Fix 15.9.87
for hearing appeal
15.9.87
Both parties file hazira. P.O is engaged with sessions matter . Fix 10.11.87 for heaing appeal
10.11.87
Appellant files a petition praying for adjournment of hearing or the ground stated therein . Copy
served . Prayer is concerned and allowed. To fix 10.12.87 for hearing appeal
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10.12.87
Respondent files a hazira. Appellant files a petition u/s 9 rule 7 cpc. Copy served and objected to
subsequently appellant files a petition praying for adj. Of hearing on the ground stated therein. Copy
served and objected to. Ld. Prayer is considered and allowed. Fix 17.12.87 for hearing the petition u/s
39 R7 cpc objection if any in the meantime. Appeal adj. Till diposal o0f petition.
17.12.87
Appellant files a hazira. Respondent files a petition praying for adjurnemtn of hearing on the ground
stated therein . Copy served and no objection raised. D. Prayer is considered and allowed. Fix 19.1.88
for hearing the petition
19.1.88
Appellant files a hazira. Resondent files objection against the petition for local inspection , copy served
and objected t. Appellant petition for local inspection with objection are put up for hearing. Ld.
Considered. In view of the appellant , contention that the respondent has raised further contention. I
think the prayer for local inspection should be allowed for ends of justice. Hence the petition for local
inspection stands allowed.
Let Sri Pradip bose , Ld advocate be appointed for holding the local inspection on the points shown in
the petition and report by 8.4.88
Let the appellant deposit cost of rs. 200 be paid to the commissioner for holding local inspection by
10.3.88On deposit of the account the writ is issued.
10.3.88
Appellant files a petition praying for time . Handwritting illegible. To fix 29.3.88 for next hearing.
29.3.88
Appellant files a petition praying for time for depositijg cost of commission . The petition is fixed
26.4.88 for depositing cost of commission.
8.4.88
26.4.88
Appellant takes no steps for depositing cost of commission as directed. Much time has been allowed
for depositing the cost of the local inspection. Let the order no. 10 dated 19.1.88 be vacated
27.5.88
Respondent files hazira. Apellant files a petition praying for vacating the order no 14 of 26.4.88 and
for depositing the cost. Petition order 19.1.88 for the perusal. Heard ld lawyer of both sides. Perused
the petition. The prayer is allowed for ends of justice. Subject to payment of cost. The petition dated
26.4.88 is vacated. Appellant to deposit cost of commission by 8.6.88 without fail.
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8.6.88
Appellant files hazira and a receipt of rs. 200 showing payment of cost to commission which is to be
kept with record. Isue of the writ of the commission.
Later
13.7.88
Appellant files hazira. It appears that writ was not issued .Issue of writ as per order no 10 and 19.1.88
To fix 22.8.88 for receipt of record for the commission.
22.8.88
Hazira filed by appellant . Report not yet filed by the commissioner. To fix 6.9.88 for receipt of report
from the commissioner.
6.9.88
Appellant files hazira. Commissioner report not yet received. To fix 7.10.88 for commissioner report.
7.10.88
Appellant files hazira. Commissioner’s report not yet received. To fix 15.12.88 commissioner report
15.12.88
Appellant files hazira. Commissioner did not submit his report . To fix 25.1.89 for submission of report.
25.1.89
22.2.89
Appleant files hazira. Commissioner report not yet received To fix 27.3.89 for commission report.
27.3.89
26.4.89
8.6.89 Appellant files hazira . To fix 2.8.89 for submission of commission report.
2.8.89 Appellant files hazira . To fix 21.9.89 for submission of commission report
21.9.89 Appellant files hazira . To fix 27.11.89 for submission of commission report
27.11.89 Appellant files hazira . To fix 2.1.90 for submission of commission report
2.1.90 Appellant files hazira . To fix 7.2.90 for submission of commission report
7.2.90 Appellant files hazira . To fix 21.3.90 for submission of commission report
30.3.90 Appellant files hazira . To fix 21.5.90 for submission of commission report
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21.5.90 Appellant files hazira . To fix 5.7.90 for submission of commission report
5.7.90 Appellant files hazira . To fix 3.9.90 for submission of commission report
3.9.90 Appellant files hazira . To fix 21.11.90 for submission of commission report
21.11.90 Appellant files hazira . To fix 5.3.91 for submission of commission report\
5.3.91 Appellant files hazira . To fix 6.5.91 for submission of commission report
6.5.91 Appellant files hazira . To fix 19.6.91 for submission of commission report
19.6.91 Appellant files hazira . To fix 31.7.91 for submission of commission report. Inform the
commission.
31.7.91 Appellant files hazira . To fix 11.9.91 for submission of commission report
11.9.91 Appellant files hazira . To fix 27.11.91 for submission of commission report
27.11.91 Appellant files hazira . To fix 27.1.92 for submission of commission report
27.1.92 Appellant files hazira . To fix 12.3.92 for submission of commission report
12.3.92 Appellant files hazira . To fix 28.4.92 for submission of commission report
28.4.92 Appellant files hazira . To fix 23.6.92 for submission of commission report
23.6.92 Appellant files hazira . To fix 24.4.92 for submission of commission report
3.8.92 Appellant files hazira . To fix 2.11.92 for submission of commission report
2.11.92 Appellant files hazira . To fix 7.1.93 for submission of commission report
7.1.93 Appellant files hazira . To fix 5.3.93 for submission of commission report
5.3.93 Appellant files hazira . To fix 5.5.93 for submission of commission report
5.5.93 Appellant files hazira . To fix 30.6.93 for submission of commission report
30.6.93 Appellant files hazira . To fix 19.8.93 for submission of commission report
19.8.93
17.11.93
3.1.93
Appellant files a petition u/s 22 rule 11 cpc supported by an affidavit copy not served . To date for
orders.
21.1.94
Appellant files hazira, Petition u/s 22 rule 11 cpc is put up today . To fix 3.2.94 for hearing petition .
3.2.94
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22.2.94
4.3.94
Petition files hazira. Petition dated 3.1.94 for substituted the heir of the deceased of the respondent
Basudeb Dutta who died on 1.10.93 is taken up for hearing . The petition is filed on 3.1.94. 21.12.93
to 2.1.94 being a holiday. The petition is therefore within time. Hence the petition for substitution is
considered and allowed . Amend the cause of title and registered accordingly. To fix 24.3.94 for next
date.
24.3.94
Requisites put in. Issue notice upon the substituted respondent . Fixing 28.4.94 for return and orders.
28.4.94
Ld lawyer are not participating in court fue to cease work. To fix 23.5.94 for return and orders.
23.5.94
14.6.94
Appellant files hazira. Notice not yet returned on the service. To fix 5.7.94 for return and service.
5.7.94
Appellant files hazira. Notice not yet returned on the service. To fix 3.8.94 for return and service.
3.8.94
Appellant files hazira. Notice not yet returned on the service. To fix 29.9.94 for return and service.
30.9.94
29.9.94 is bharat bandh. Record is put up To fix 5.12.94 for return and orders
Later
Both parties file hazira. To fix 15.12.94 for hearing petition dated 30.9.94. Objection if any in the
meantime.
15.12.94
Both parties file hazira. Respondent files rush power. Ld commissioner files a petition for issuing
duplicate writ. Petition dated 30.9.94 for directing the learned commission to complete the
commission work is put up for hearing . Heard both the petitions . Considered , both thev prayers
allowed. Issue duplicate writ prayed for . Consumer to comlete the work of local inspection within a
month hence reported further order. This T.A is 7 years old To fix 20.1.95 for the suit was of 1977.
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9.1.95
20.1.95
14.2.95
Both parties file haziras . To fix 27.3.95 for submission of commission report.
27.3.95
The plaintiff is absent. The respondent files a petition for cancellation of the writ of commission . Copy
served . to fix 7.4.95 for hearing . Objection in the meantime. Commission be present on that day.
7.4.95
The learned lawyer heard both sides. The learned commission has not submitted the report. It is a
long pending case. This appeal is being dragged for about 8 years for want of commission report. The
learned commission has not assigned any reason for non submission of report. As such the learned
adv commission is directed and submit his report related to local inspection by 30.5.95 , issue of writ
shall be held.
Inform ld adv commission . The petition today by the respondent be kept with the record.
10.5.95
Respondent files a verified petition for directing Sri Pradip Bose the learned adv commission to not
file petition as mentioned in the schedule –copy served . To 18.5.95 for hearing this petition . Objection
if any in the meantime. Informed commission.
18.5.95
The learned lawyer for the respondent is present. The avidavit is abandoned. The ld lawyer for the
appellant is not also present. The ld commission is also not present . So the petition dated 8.5.95 as
filed by the respondent after serving copy to other side , is taken up for further hearing exparte. The
learned lawyer for the respondent prays for allowing his petition for giving a direction upon the
learned commission as per order no. 10 dated 19.1.88 to make inspection of additional points. Perused
the petition . Considered since the commission of local inspection has already been allowed by this
court in 1988. Hence allowed. Copy to be sent to the commissioner’s ffice so that the points for
inspection need to be confirmed in the respondent’s etition dated 9.5.95 , excepting oint no. 3and to
submit his report by the date fixed along with earlier report.
Later
Respondent files a petition praying for permission to deposit commission fees directing the learned
commission . Heard learned lawyer for respondent . Perused the petition . Prayer is considered and
allowed for ends of justice.
30.5.95
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Both parties file haziras . Ld commission submits his report along with writ and other papers.Let it be
kept with the record. To fix 23.6.95 for hearing appeal.
23.6.95
Respondent files hazira. Appellant files a petition for an affidavit of hearing appeal. Heard prayer for
adj. Is considered and allowed. To fix 19.7.95 for hearing appeal.
19.7.95
Appellant files hazira. Respondent files a etition for an adj. Of hearing appeal .Heard prayer and is
considered and allowed. To fix 28.7.95 for hearing appeal.
28.7.95
Appellant files hazira. Respondent files a petition for an adj. Of hearing appeal. Copy served and n
objection raised. P.O is on leave. Prayer is considered and allowed. To fix 30.8.95
30.8.95
Both parties file haziras. P.O is engaged otherwise. No time today. To fix 31.10.95 for hearing appeal.
17.11.95
Both parties file hazira. P.O is engaged . To fix 23.11.95 for hearing appeal.
22.11.95
Appellant files hazira. Respondent files a petition u/s 6 rule 17 read witnesses. 51 cpc for amendment
of plaint . Copy served and objected to. Fixing 1.12.95 for hearing petition , objection if any.
1.12.95
Appellant files objection against petition u/s 6 rule 17 cpc , copy served . Petition u/s 6 rule 17 cpc ,
taken up for hearing . Heard in part . To fix 2.12.95 for further hearing.
2.12.95
Parties are ready . Petition u/s 6 rule 17 is taken up for further hearing. Heard. To fix 23.2.96 for order.
23.2.96
Heard both lawyers and it has been found that the ld munsif awarded decree in favour of the original
plaintiff . Basudev dutta on the ground of his reasonable judgement , submitted after his death since
the personal requirement of said basudev dutta doesnot arise at all his legal hers having been
substituted according to law as added plaintiff in this appeal have prayed for insertion of her proposed
amendment to the effect that one of his son / being an unemployed youth requires the suit premises
for reasonable requirement. Thus the appeal is allowed.
25.3.96
Parties are ready. Appeal is taken up for hearing . Heard both sides . Argument is closed. To date
29.3.96 for judgement.
29.3.96
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Jdgement delivered this day in an open court . That this appeal is allowed on content without any
order to cost. The judgement and decree in T.S 195/77 are hereby set aside. The TS NO. 195/77 is
hereby sent back on remand , as per judgement passed in separate sheets.
17.4.96
Case No.8
Sl.
No.
1. Nature or type of suit OS Case No. 3 of 1982 (class 2) (inititally it was
77/80 , then it was 10/81 , then it was 3 of 82)
2. Filed on 23.12.80
3. Filed in which court District court Alipore
4. When it was initiated 24.1.81
5. When was the act of judgement 30.9.97
6 How much time 16
7. What was the result The case is dismissed on exparte
8. Filed by Plaintiff: Ahmed Ali Tarafdar
Defendent : Achid Khatun Bibi
23.12.80
133
930
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This is an application for grant of administration of the will of the estate of late amiladdin tarafdar
who died on 13.2.77 refiled before this court. When 7/79 of bongaon became contentious. Register
the application as an original suit . To 2.1.81 for court fees.
24.1.81
Plaintiff puts in a petition praying rom exemption from filing of advalorem court fee . Heard . It is
stated that there is was no caveat entered in respect of the estate left by testator and that objection
was filed after citation making the proceeding contentious. Considered . There having been no caveat
entered, the prayer of the plaintiff in view of the decision in C.R 3613/71 for being exempted from
filing advalorem court fee is allowed.
14.2.81
Requisites are not filed . To fix 28.2.81 for filing requisites and for order.
28.2.81
On the prayer of the plaintiff , time is allowed till 13.3.81 for filing requisite
13.3.81
Requisites for filed , but copy of the plaint is not served . Copy be filed by 1.4.81
1.4.81
Copy of the plaint s filed . Requisites have already been filed. Issue of summons upon the defendant
fixing 7.5.81 for ascertaining contest.
7.5.81
Plaintiff files hazira. Summons have come back unserved as per peon’s report . Plaintiff is directed to
take steps for service of summons by 25.5.81
25.5.81
On the prayer of the plaintiff , let summons be issued upon the defendant for service by regd post
with a/d/ fixing 9.6.81 for ack and appearance . Requisite be put in within 7 days.
9.6.81
Plaintiff files hazira and postal receipt . Ack receipt is not received . To 25.6.81 for ack and appearance.
25.6.80
Plaintiff files hazira . Ack receipt is not received . To 15.7 81 . For ack and apearence.
134
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15.7.81
Plaintiff files hazira . Summons sent by regd post have come back unserved as not known . Petitioner
is directed to take steps for due service for summons by 1.8.81
1.8.81
Plaintiff puts in a petition supported by affidavit for service of summons upon the defendant in the
substituted manner . Heard . Having perused the records it appears that the defendant has been
deliberately avoiding service of summons and that sufficient grounds in favour of an order for service
in the manner prayed. Next date for hearing 2.9.81.
2.9.81
Plaintiff files hazira. Summons the defendant have been duly served in the substituted manner. Deft.
Does not appear. To fix 18.9.81 for hearing the suit exparte.
18.9.81 Plaintiff files hazira. Deft. Files for show cause. Copy of w.s. to be served by 9.11.81
9.11.81
Copy for w.s. is on record . The cause shown is considered . Sufficient . The w.s. be accepted.
Documents if any , he filed within 7 days . Plaintiff may take the copy for w.s. from the record through
his advocate.
Transferred to the 5th of additional district / subordinate judge, Alipore for appeal.
17.11.81
Record received by transfer from the court of the learned ddistrict judge for disposal . To fix 8.12.81
for filing suggested issues by the parties.
8.12.81
Plaintiff files hazira but file no suggested issues. Deft files no hazira and takes no steps . Fix 13.1.82 for
final order
13.1.82
P.O is on leave. Additional district judge 9th court will remain in charge . Fix 17.2.82 for filing suggested
issues by the parties.
17.2.82
Plaintiff files hazira . It appears from the record that copy of the written objection not swrved. To fix
12.3.82 for filing suggested issues by the both sides.
12.3.82
Deft served copy upon the plaintiff . Defendant files suggested issues . Plaintiff not filed suggested
issues . To fix 19.4.82 for framing issues.
19.4.82
Both sides file hazira. Issues are framed accordingly . To fix 18.5.82 for discovery by both sides.
135
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18.5.82
18th being declared holiday on record and put up today. Fix 11.6.82 for discovery both sides.
11.6.82
Both sides files no discovery. Fix 1.9.82 for p hearing of the suit.
1.7.82
P.O is on leave . Additional D.J 9th court will remain in charge . Deft . files a petition praying for an
adjournment on the grounds in the petition served and no obj raised. Perused . Prayer is considered
and allowed . Fixed 29.7 for p hearing.
29.7.82
Plaintiff files a petition praying for an adjournment on the grounds stated therein . Perused . Prayer is
considered and allowed . Fix 16.8.82 for petition hearing of the suit.
16.8.82
P.O is on leave. Additional D.J 9th court will remain in charge . Plaintiff files hazira. Deft files no hazira
and takes no steps . Fix 14.9.82 for exparte hearing of the suit.
14.9.82
Plaintiff files hazira. Deft . files a petition seeking permission to contest the suit on the grounds stated
therein . Prayer is considered and allowed. To fix 23.11.82 for petition hearing of the suit.
23.11.82
Plaintiff files a petition praying for an adjournement on the grounds stated therein . Copy served and
no objection raised . Perused . Prayer is considered and allowed. To fix 20.12.82 for petition hearing
20.12.82
Withdrawn file.
20.12.82
Received by transfer . Register . The plaintiff files a application praying for adjournemtn on the ground
. Copy served . Prayer filed. To fix 25.1.83 for petition hearing .
25.1.83
Deft files hazira. The plaintiff files a petition praying for adjournemtn on the ground . Copy fpund .
Heard . Prayer is allowed. To fix 11.2.83
11.2.83
The deft files a petition praying for adj. On the ground stated therein . Copy servd . No objection. To
fix 25.3.83 for petition hearing
136
933
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25.3.83
The plaintiff and deft hazira filed hazira. Both the LCR is not found in record . To fix date 25.3.83 for
hearing
25.3.83
Hence judicial case 7/29 act 272 (391 filed in 29.1.79 in sub judice munsif’s court). Call for the will from
the munsif.This OS is taken up for petition hearing. To fix 29.4.83 for record in the will.
27.4.83
Both parties file hazira.Will lying in the court of district court in bongaon not yet received. To fix 6.6.83
for order owning receipt of will of the court in bongaon.
6.6.83
Plaintiff files hazira. The will not yet received rom the court of S.D munsif , Bongaon. To fix 27.6.83 for
order awaiting receipt of will from the bongaon court.
27.6.83
Plaintiff files hazira . The will not yet obtained from court of bongaon. To fix 26.7.83 for order awaiting
receipt o will from the S.D BONGAON COURT.
26.7.83
Plaintiff files hazira. The will not yet received rom the court of S.D munsif , Bongaon. To fix 23.8.83 for
order awaiting receipt of will from the bongaon court.
23.8.83
Plaintiff files hazira. The will not yet received rom the court of S.D munsif , Bongaon. To fix 27.6.83 for
order awaiting receipt of will from the bongaon court.
22.9.83
Plaintiff files hazira. The will not yet received rom the court of S.D munsif , Bongaon. To fix 26.11.83
for order awaiting receipt of will from the bongaon court.
26.11.83
6.1.84
Plaintiff files hazira. Deft files a petition praying for adj. Prayer is allowed. To fix 16.1.84
16.1.84
Parties files no hazira. Put up on 16.2.84 for hearing of order in the presence of both sides.
16.2.84
Palintiff files hazira. Deft files a petition praying for adj. Of hearing on the grounds set forth.
Considered. Adj to 8.3.84
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8.3.84
Plaintiff files hazira . P.O is engaged in hearing. Hence adj. To 4.4.84 for hearing and order presence of
both sides.
4.4.84
Both sides are ready . P.O is enaged. To fix 4.5.84 for hearing in presence of both sides.
4.5.84
7.6.84
Deft files hazira. P.O is on leave. To fix 10.7.84 for order awaiting the will from S.D.M , bangaon.
10.7.84
Deft files hazira. Will not yet returned. To fix 23.8..84 for order awaiting the receipt of will from S.D.M
, bangaon.
23.8.84
Parties file no hazira. Will not yet returned. Put up on 30.10.84 for order awaiting receipt of will from
s.d.m bongaon.
30.10.84
Parties file no hazira. Will not yet returned. Put up on 4.12..84 for order awaiting receipt of will from
s.d.m bongaon.
4.12.84
Parties file no hazira. Will not yet returned. Put up on 4.12..84 for order awaiting receipt of will from
s.d.m bongaon.
18.1.85
Parties file hazira. Will not yet returned. Put up on 26.2.85 for order awaiting receipt of will from s.d.m
bongaon.
26.2.85
Parties file hazira. Will not yet returned. Put up on 26.3.85 for order awaiting receipt of will from s.d.m
bongaon.
26.3.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 24.4.85 for order
awaiting the will from S.D.M Bongaon.
24.4.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 3.6.85 for order
awaiting the will from S.D.M Bongaon.
138
935
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3.6.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 12.9.85 for order
awaiting the will from S.D.M Bongaon.
12.7.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 12.8.85 for order
awaiting the will from S.D.M Bongaon.
12.8.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 13.9.85 for order
awaiting the will from S.D.M Bongaon.
13.9.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 25.11.85 for order
awaiting the will from S.D.M Bongaon.
25.11.85
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 8.1.86 for order
awaiting the will from S.D.M Bongaon.
8.1.86
Plaintiff files hazira. No intimidation as yet received regarding the wil. Put up on 20.2.86 for order
awaiting the will from S.D.M Bongaon.
20.2.86
Plaintiff files no hazira. No intimidation as yet received regarding the wil. Put up as per order no. 32
dated 25.3.86 on 1.4.86 for order awaiting the will from S.D.M Bongaon.
1.4.86
Will not yet received . Put up on 12.5.86 for order awaiting will from lower court.
12.5.86
Will not yet received . Put up on 10.6.86 for order awaiting will from lower court.
10.6.86
Will not yet received . Put up on 16.7.86 for order awaiting will from lower court.
16.7.86
Will not yet received . Put up on 22.8.86 for order awaiting will from lower court.
22.8.86
Will not yet received . Put up on 24.9.86 for order awaiting will from lower court.
139
936
125736/2019/NM
24.9.86
Will not yet received . Put up on 3.12.86 for order awaiting will from lower court.
3.12.86
Will not yet received . Put up on 12.1.87 for order awaiting will from lower court.
12.1.87
Will not yet received . Put up on 17.2.87 for order awaiting will from lower court.
17.2.87
Will not yet received . Put up on 19.2.87 for order awaiting will from lower court.
19.2.87
Will not yet received . Put up on 30.3.87 for order awaiting will from lower court.
30.3.87
Will not yet received . Put up on 4.5.87 for order awaiting will from lower court.
4.5.87
Will not yet received . Put up on 8.6.87 for order awaiting will from lower court.
13.7.87
Will not yet received . Put up on 13.7.87 for order awaiting will from lower court.
24.8.87
Will not yet received . Put up on 2.11.87 for order awaiting will from lower court.
2.11.87
Will not yet received . Put up on 9.12.87 for order awaiting will from lower court.
9.12.87
Will not yet received . Put up on 12.2.88 for order awaiting will from lower court.
12.2.88
Will not yet received . Put up on 5.4.88 for order awaiting will from lower court.
5.4.88
Will not yet received . Put up on 21.6.88 for order awaiting will from lower court.
21.6.88
Will not yet received . Put up on 8.8.88 for order awaiting will from lower court.
8.8.88
Will not yet received . Put up on 28.9.88 for order awaiting will from lower court.
140
937
125736/2019/NM
28.9.88
Will not yet received . Put up on 19.12.88 for order awaiting will from lower court.
19.12.88
Will not yet received . Put up on 1.3.89 for order awaiting will from lower court.
1.9.89
Will not yet received . Put up on 12.5.89 for order awaiting will from lower court.
12.5.89
Will not yet received . Put up on 20.7.89 for order awaiting will from lower court.
20.7.89
Will not yet received . Put up on 26.9.89 for order awaiting will from lower court.
26.9.89
Will not yet received . Put up on 9.1.90 for order awaiting will from lower court.
9.1.90
Will not yet received . Put up on 6.3.90 for order awaiting will from lower court.
6.3.90
Will not yet received . Put up on 25.5.90 for order awaiting will from lower court.
25.5.90
Will not yet received . Put up on 27.7.90 for order awaiting will from lower court.
27.7.90
Will not yet received . Put up on 22.10.90 for order awaiting will from lower court.
23.10.90
Record is put up this day. Due to death of chief justice it is declared holiday. Thus next date 30.11.90
30.11.90
Will not yet received . Put up on 17.1.91 for order awaiting will from lower court.
17.1.91
Will not yet received . Put up on 13.3.91 for order awaiting will from lower court.
13.3.91
Will not yet received . Put up on 29.4.91 for order awaiting will from lower court.
141
938
125736/2019/NM
29.4.91
Will not yet received . It has been seen that plaintiff since 1980 has not taken any steps for withdrawl
of will from filing court nor has taken any steps for production of will.
29.4.91
Heard ld. Lawyer who is called in from the sheresta as no hazira was filed. It is submitted that of a
short date is given , the will would be produced.
Hence fix 11.5.91 for production of the will by the plaintiff failing which the law will take its own cause.
11.5.91
Will not produced. It is submitted by the ld. Lawyer that the will was sent to the office of the dist.
Judge by the s.d.m bongaon long ago. Before passing any further order let it be ascertained whether
the will was received in d.j office or not. To fix 1.6.91 for further ends of justice. Meanwhile H/Clerk
do report whether the will was received in the office or not.
1.6.91
Plaitniff files hazira and deft taken no steps. The will is also not produced . The learned judge sends a
letter to sub divisional munsif, bongaon to look into the matter and send the will along with the LCR
of misc case no .7/79 act 272 (39) , to this court positively by 21.6.91
21.6.91
Received letter of S.D Munsif , Bongaon on 20.6.91. As per his letter , record sent to dist court on
periodical dispatch. Call for record . To fix 24.7.91 for further orders
24.7.91
30.8.91
Plaintiff files hazira. Record not yet received. Put up on 26.9.91 for order awaiting record for DR
26.9.91
Plaintiff files no hazira. Record not yet received. Put up on 3.12.91 for order awaiting record.
3.12.91
Plaintiff files hazira. Record not yet received from DRR (DISTRICT RECORD ROOM). Put up on 20.1.92
Received record of bongaon court from DRR alipore. To fix 20.3.92 for petition hearing.
20.3.92
Plaintiff files hazira. P.O is busy. Hence to fix 21.5.92 for petition hearing.
142
939
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21.5.92
Plaintiff prays for adj. Thus prayer allowed and adj is till 20.7.92 for exparte as deft takes no steps and
files no hazira.
20.7.92
20.7.92
Plaintitff files hazira. The suit is taken for exparte hearing. PW1 AND PW2 are examined and discharged
in full
LATER
The will is recorded in exhibit 1 . Heard the learned lawyer . It is seen that collectors report is not yet
seen. So put up is on 26.8.92 for further receipt of collector’s report , failing which final order will be
given without valuation report. A copy of the affidavit of assets be sent with this order to the collector
.
26.8.92
Plaintiff files hazira. Valuation report not yet received . Received letter from collector for time to
submit valuation report. To fix 16.11.92
16.11.92
Plaintiff files no hazira. Valuation report not yet filed Plaintiff is directed to file the same by 19.1.93
19.1.93
22.3.93
Plaintiff files no hazira. Valuation report no filed. Plaintiff directed to file the valuation report by
26.5.93
26.5.93
Plaintiff files no hazira. Valuation report no filed. Plaintiff directed to file the valuation report by
30.7.93
30.7.93
Plaintiff files no hazira. Valuation report no filed. Plaintiff directed to file the valuation report by
1.10.93
1.10.93
Deft files hazira. Valuation report no filed. Plaintiff directed to file the valuation report by 15.1.94
143
940
125736/2019/NM
15.1.94
Parties takes no steps. Valuation report no filed. Plaintiff directed to file the valuation report by
26.5.93
7.3.94
Plaintiff files hazira and files prayer for taking steps. Valuation report no filed. Plaintiff directed to file
the valuation report by 29.4.94
7.6.94
29.4.94
Due to lease work of the local bar from 10.30 . The case is adj. To 7.6.94 for steps.
7.6.94
28.7.94
Plaintiff files a verified petition showing cause which is accepted. Plaintiff also files a petition
supported by an affidavit for accepting the valuation which was given by the [arty. Copy not sent. Deft
takes no steps. To fix 26.8.94 for hearing petition.
26.8.94
Plaintiff files hazira. Collector has filed the report. Plaintiff may be allowed to have the benefit of
assessment of court fee on the valuation given by him for the same. The plaintiff is to take steps at
once. To fix 28.9.94 for next date.
28.9.94
Received the valuation report in respect of property of the deceased as mentioned in case 3/82. Let
the report be kept with the record.
30.9.94
Plaintiff files no hazira. Valuation report in record. To fix for hearing and order.
25.11.94
Plaintiff files hazira. Due to cease work of local bar , the case is adj till 22.12.94 for hearing and order.
22.12.94
Due to bangle Bandh .Parties and ld. Lawyers file no haziras . To 2.2.95 for hearing and orders.
2.2.95
Plaintiff files hazira and found absent on calls. Plaintiff to show cause by 7.3.95
7.3.95
144
941
125736/2019/NM
Due to cease work , local bar not working. The case is adj. Till 1.6.95 for show cause.
1.6.95
Plaintiff files hazira for hearing. To fix 1.7.95 for hearing and order.
1.7.95
Plaintiff files hazira and absent on calls . Plaintiff to file for show cause by 5.8.95
5.8.95
Plaintiff files hazira and petition for show cause . To fix 6.9.95 for report from collector.
6.9.95
Plaintiff files hazira and absent on repeated calls. Neither the plaintiff nor the lawyer is found. The
valuation report is filed.
Perused the valuation report of the collector . Let the valuation report valued by the collector be
accepted. Plaintiff is directed to take steps for filing commission fees on the valuation report by
15.11.95
15.11.95
Deft files hazira. Due to cease work of local bar , the court is adj till 13.12.95
13.12.95
15.1.96
Plaintiff files a petition praying for time to take steps . Perused , prayer is allowed. To fix 4.3.96 for
taking steps.
4.3.96
Plaintiff files hazira. No steps taken on behalf of steps. Plaintiff is directed to showcause by 16.4.96
16.4.96
Plaintiff files a verified petition praying for condoning the latches on the part of the petition on the
ground stated therein. Prayer accepted. To fix 1.6.96 taking steps.
1.6.96
P.O is on leave. Plaintiff files a petition praying for time to take steps. To fix 31.7.96 for steps.
31.7.96
Plintiff file a petition praying for time to take steps, on the ground stated therein. Prayer is allowed.
To fix 18.9.96 for steps.
145
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125736/2019/NM
18.9.96
Plaintiff files only hazira. No steps taken by the plaintiff. Plaintiff and show cause by 21.11.96.
20.11.96
Plaintiff files a verified petition praying for condonating latches on the ground stated therein.
9.1.97
Plaintiff takes no steps. Plaintiff and showcause and shall not be dismissed as default. To fix 17.2.97
17.2.97
Plaintiff takes no steps. In view of the order dated 9.1.97. Plaintiff files no showcause. Plaintiff be given
and the opportunity to take steps for ends of justice. To fix 27.3.97 for taking steps and be dismissed
by default.
27.3.97
Plaintiff files a petition for valuation report. The petition is misconceived as the valuation report
received. Hence the petition rejected.
Plaintiff to show cause as to why the writ shall not be dismissed for non filing of court fee. To fix
10.4.97 for showing cause.
10.4.97
Plaintiff files a verified petition praying for condonating latches on the ground stated therein. Perused
and condened. Causes shown are sufficient. Latches be condoned. To fix 19.5.97 for taking steps.
19.5.97
Plaintiff files a petition along with the court fee of Rs. 6534 on the valuation report.
20.6.97
Plaintiff files petition praying for adj. Of hearing argument. To fix 20.6.97 for further hearing and
argument.
11.8.97
Plaintiff files a hazira. Hard argument exparte. To fix 13.8.97 for order.
13.8.97
146
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125736/2019/NM
27.8.97
Plaintiff files petition praying for an adjournemtn on the ground stated in petition. Perused petition .
Heard and prayer is allowed. Adj to 1.9.97 for further hearing and argument.
20.9.97
30.9.97
It is ordered that the will executed by akhiluddin tarafdar father of the petitioner in respect of his
entire property is not legal , valid and binding upon the parties. Petitioner’s prayer for granting letters
of administration is dismissed exparte without cost.
17.11.97
Plaintiff files a petition for return back of court fee . Prayer is allowed. Let the court fees of Rs. 6534
be returned.
Case No. 9
Sl.
No.
1. Nature or type of suit TA Case No 246/99
2. Filed on 30.9.99
3. Filed in which court District court Alipore
4. When it was initiated 6.12.99
5. When was the act of judgement 1.3.2001
6 How much time 3
7. What was the result Decreed on contest
8. Filed by Plaintiff: Smt . Sunila Banerjee
Defendent : Pranab Kumar Choudhury
147
944
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30.9.99
There was a Title suit no. 197/1994 by the learned 5th court of the civil judge at alipore. The original
case in brief is that the owner of the said land bequeathed a property that was lying vacant in favour
of amulya kumar bannerjee who later died leaving behind the plaintiff ‘s widow and one son and
daughter. Serious trouble aroused between the plaintiff’s widow and plaintiff’s children and the suit
was partitioned accordingly. The relationship with son’s wife and plaintiff’s widow has become
strained , the son is said to have been creating pressure to vacate the room. The plaintiff sent a
registered notice via her advocate to vacate the room where the son and his wife stayed , yet still they
did not vacate. The notice was judged in terms of it legality, validity and sufficiency and the plaintiff’s
prayer was dismissed on these terms. The plaintiff was so aggrieved that she filed another case named
246/99 to get justice for the same.
The memo of appeal has been filed as against the judgement and decree passed in T.S 197/99 by the
learned civil judgement 5th court at alipore . Registered court fees Rs. 2123 is correct . Requisition put
in . Issue notice upon the respondents through court as well as by registered post with A/D . To fix
6.12.99 for return and acknowledgement.
6.12.99
Hazira filed for appellant with postal receipt . There is no return as to the notice and
acknowledgement. To fix 11.2.2000 for return acknowledgement.
14.2.2000
The record was put up on 11.2.2000 due to holiday on account of saraswati pujo. There is no return
of notice through court. To fix 16.3.2000
16.3.2000
Hazira filed for the appellant acknowledgement return of the service of noticw upon the deft 1 and 3.
The services are satisfactory . Thus it is allowed. Respondent number 2 has come for appearance via
power. Call for LCR. To fix 23.5.2000 for order awaiting LCR
23.5.2000
Respondent number 1 has made appearance via power. Lcr has been received from the court below
Appellant has filed a petition for an order to transfer the instant appeal to affitional district judge at
alipore. Perused the petition . Considered and prayer is allowed. Lat the appeal be transferred to the
3 rd additional district court.
29. 5.2000
Record received and transferred from the district judge south 24 parganas , Alipore for disposal. To
fix 5.7.2000 for hearing the appeal in presence of both sides.
5.7.2000
Appellant files hazira . Respondent files a petition praying for a adjournment on the ground stated
therein. Hence , considered. Prayer is allowed. Adj till 16.8.2000 for hearing and appeal
148
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16.8.2000
Appellant files hazira. Respondent files a petition praying for the adj on the ground stated. Copy served
. Heard both sides . Prayer is allowed. Adj till 15.9.2000 for hearing and appeal
15.9.2000
Appellant files hazira. Respondent files a petition for adj. Copy served and prayer allowed Adj till
1.11.2000 .
1.11.2000
Appellant files hazira . Respondents files a cross objection u/s 5 of the limitation act 1963. Order was
given.
8.11.2000
Respondent files a court fee on cross objection. Let it be kept with record. To fix 1.12.2000 for filing
appeal.
1.12.2000
Both he parties files hazira. Due to cease work of the local bar council. To fix 4.1.2000 for hearing and
appeal
4.1.2001
Both parties fil hazira. Both parties file a petition praying for adjournment on the ground stated
therein. Heard . Considered prayer. Adj till date 8.2.2001 for hearing appeal
8.2.2001
Both the parties file hazira . The appeal is taken up for hearing . Heard argument for appellant.Adj.
12.2.2001 or appeal hearing
12.2.2001
Both the parties filed hazira. The appeal is taken up for further being. Heard both sides in full . To fix
2.3.2001 for delivery and judgement.
23.2.2001
Judgement is delivered in open court . in separate sheet . The cross objection of defendant is cancelled
and plaintiff’s prayer is allowed , asking the defendts 1 and 2 to eave in 3 months
1.3.2001
149
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Case No. 10
Sl.
No.
1. Nature or type of suit OS Case No. 2 of 1994 (First it was 76/90 ,
then 2 of 1994) Class 2
2. Filed on 15.2.91
3. Filed in which court District court Alipore
4. When it was initiated 15.2.91
5. When was the act of judgement 27.3.98
6 How much time 7
7. What was the result Decreed on contest
8. Filed by Plaintiff: Smt. TARA Ghosh
Defendent : Bani Charan Ghosh
15.2.91
This is an application for grant of administration of the will of the estate of late Netai charan ghosh ,
who died on 9.10.84 refiled before this court. When 72/90 became contentious. Register the
application as an original suit .
Plaintiff files hazira. Derfendant no.s 7,8 and 9 have entered appearance by separate petitions praying
for filing w.s. Heard . Prayer is allowed. To fix 19.3.91 for plaintiff to take steps.
19.3.91
Plaintiff files hazira . Defendant no. 2to 7, 8 and 9 file a petition praying for time for filing w.s .
Considered . To fix 20.2.91 for w.s by defendant no.s 2to 7 , 8 and 9. On prayer of the plaintiff , time
is allowed till 20.4.91
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20.4.91
Plaintiff files hazira. On prayer time is allowed till 25.5.91 for filing w.s by deft. 1, 2to 7 , 8 and 9. To
date for taking step.
25.5.91
On prayer of the defendants time is allowed till 28.5. 91 for filinf w.s by deft. . To date for taking step
as prayed by plaintiff
28.6.91
On prayer of the defendants time is allowed till 27.7.91 for filing w.s by deft.
27.7.91
On prayer of the defendants. Time is allowed till 26.8 .91 for filing w.s. by the defendants. To date for
taking step against deft. No 8
26.8.91
On prayer of the defendants. Time is allowed till 26.8 .91 for filing w.s. by the defendants. To date for
taking step against deft.
26.9.91
On the prayer of the appearing defendants , time is allowed till 4.12.91 for filing w.s. Plaintiff files
petitions for service of summons upon deft no. 8 in the substituted manner. Prayer is allowed and
issue of summons in the substituted manner is allowed with time fixed till 4.12.91 for return and
appearance.
4.12.91
Deft. No 1 filed w.s . Copy served and kept with record. To fix 13.1.92 for return and further order.
14.2.92
Plaintiff files hazira. Service returns of deft 8 not received . On the prayer of the appearing deft. Time
is allowed till 21.3.92 for filing w.s
21.3.92
Plaintiff files hazira. Time is allowed for filing w.s by deft till 25.4.92.
25.4.92
On the prayer of defts. Time is allowed for filing of w.s . To date for service return upon defts.
30.5.92
Plaintiff files hazira . On the prayer of the deft. 1, 2 and 7 time is allowed till 7.7.92 for filing w.s . To
date for service return upon deft no.8
7.7.92
Plaintiff has filed for hazira. Respondent has prayed for time which is allowed till 12.8.92 for W.S.
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12.8.92
Plaintiff has filed for hazira. Respondent has prayed for time which is allowed till 18.9.92 for W.S. and
steps
18.9.92
On the prayer of the deft , time is allowed for filing w.s till 27.11.92
On prayer of plaintiff time is allowed till 27.11.92 for taking steps upon deft no. 8
27.11.92
On the prayer of the deft time is allowed till 15.1.93 for filing w.s.. To date for taking steps by plaintiff
15.1.93
Defendants no. 2,3,5 and 6 have filed joint w.s . Copy not served.
Plaintiff has filed a petition u/s 5 rule 20 cpc . To fix 1.4.93 for hearing of the petition and serving copy
of w.s
1.4.93
Plaintiff files hazira. The petition u/s 5 rule 20 cpc is taken up for hearing . Heard the learned advocate
for the plaintiff . Perused. I am satisfied that there is reason to believe tha defendants number. 8.9
and 10 are delleberately avoiding service . The petition is therefore allowed. To fix 19.5.93 for filing
necessary requisites.
28.6.93
Plaintiff filed requisites on 19.5.93 and it was tagged with another case of the year 1992. Perused.
Next date for hearing is 19.8.93
19.8.93
Plaintiff files hazira. Summons upon the defendants in the substituted manner is not received as yet
24.11.93 for the return and appearance.
24.11.93
Hazira filed. Summons have been served uo the defendants in substituted manner. Defts don’t appear
neither file an objection. The suit is transferred to the 3rd court adj
5.1.94
Present H. Banerjee
Received the record on transfer from ld district judge alipore for disposal. To receive 2.3.94 for ex
parte hearing
2.3.94
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Plaintiff files hazira. Deft . Files a showcause petition praying for condonation of delay in filing . Copy
served . Perused the petition. Cause is sufficient. Prayer is accepted. Let the w.s be accepted. Plaintiff
files petition u/s 247 of Indian succession act. Copy served . To fix 29.4.94 for objection
29.4.94
Due to cease work of the local bar from 10.30 am , the case is adj to 1.6.94
1.6.94
Plaintiff files hazira. Defts file no objection against the said petition of succession act. Copy served and
to fix 4.7.94 for hearing the petition. To fix 19.7.94 for framing issues. Parties to file suggesting issues.
4.7.94
Both parties file hazira and present with the respective lawyer . The case is taken up for hearing
regarding the petition w/s 247 . Heard both sides.
At this stage deft files a petition praying for adj. Of further hearing . Petition is allowed till 20.7.94 for
hearing of petition u/s 247
19.7.94
Later
After above order is passed , deft file a petition praying for time for filing suggesting issues. Defts may
file suggesting issues if any by the date fixed.
20.7.94
Plaintiff files hazira . Deft files petition praying for adj of hearing. Copy served and objected to . Next
date fixed for hearing 29.7.94
29.7.94
Plaintiff files hazira. Defendant files a petition praying for adjournement of hearing on the petition .
Perused the petition on the ground that senior lawyer is ill . Prayer is considered and allowed as last
chance. To fix 10.8.94 for further hearing.
10.8.94
Both parties file hazira and present with their respective lawyers. The plaintiff 247 along with objection
are taken up for hearing . Thus order was passed that the act of succession be allowed on contest
against the defts and exparte against the others without cost. Till then the petitioner shall enjoy those
rights and powers only for the benefit of the suit estate. To fix 17.9.94 for framing of issues.
24.8.94
Plaintiff files affidavit and deft. Files petition praying for time to obetain documents on discovery of
oath. Prayer is considered.
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17.9.94
Plaintiff files hazira. Defendant files a petition praying for time for fetching the documents. Prayer is
allowed. To fix 19.11.94 for getting documents.
19.11.94
Present S.P Talukdar
P.O is on leave . Plaintiff files hazira and deft file a petition praying for time to discovery on the ground
stated therein . Prayer is allowed and next date fixed for discovery by the defendant is 7.1.95
7.1.95
Plaintiff files hazira. Deft files a petition praying for time to discovery on oath. Praying for last chance.
To fix 17.1.95 for discovery by discovery.
Later
Plaintiff files verified petition praying for fixing an early date of petition hearing. Put up on the date
fixed.
17.1.95
Plaintiff files hazira. Deft files a petition praying for time whch is allowed and last chance is given AND
NO FURTHER DATE CAN BE ALLOWED. His prayer for further date stands rejected. To fix 31.1.95 for
hearing on petition for petition hearing.
31.1.95
Both parties files hazira . To fix 7.1.95 for put up. Perused the petition and prayer is allowed. To fix
6.4.95 for hearing of suit.
6.4.95
Plaintiff files hazira and defts prays time for adj. For taking steps which is allowed till 29.5.95 for
petition hearing . Call for record by next date.
29.5.95
Both parties are present , filing respective hazira. The defts have filed two petitions and are objected
to. Heard and considered. One of the petition is not opposed by the other side lawyer. Plaintiff prays
for further evidence. To fix 14.7.95 further evidence
14.7.95
Both parties file hazira and plaintiff’s case is taken up for hearing. Defts file petition for adj. Of further
hearing which is allowed.
5.8.95
Both parties file hazira . PW2 AND PW 3 are examined and discharged. Deft files prayer for adj. And
next date fixed for hearing is 19.9.95 for further hearing.
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19.9.95
Appellant files hazira and respondent files a petition along with a copy of medical certificate praying
for further hearing ‘s adj. To fix 22.11.95 for further hearing.
22.11.95
Both parties file hazira. Defendant files a petition praying for adj. And objection is filed. Next date for
hearing is 20.1.96
20.1.96
Both parties file haziras with their learned advocates. The case is taken up for further hearing. DW1
and dw2 are examined and cross examined and discharged. At this deft files petition for
adjournemt.Adj. till 28.2.96 for further hearing.
28.2.96
Both the parties filed haziras. Deft files a petition for further hearing of DW1 AND DW2 . Copy served
and objected to. Prayer is allowed subjected to objection raised by DW1 . Defendent pray for further
defence evidence . To fix 9.4.96 for further hearing.
12.3.96
On the prayer of the respondentsa. Issue of summons upon the witness through court and registered
post. Requisite files along with process fee. To date for return
9.4.96
Both parties file hazira and present with their learned advocates. THE CASE IS TAKEN UP FOR FURTHER
HEARING. Dw3 IS EXAMINED AND CROSS EXAMINED AND DISCHARGED. Evidence is closed. At this
stage defendant files an application supported by an affidavit praying for appointment of handwriting
expert on the ground stated therein. Copy served and objected to. To fix 17.5.96 for hearing of petition
dated 9.4.96
17.5.96
Both parties file hazira and present with their learned advocates. Plaintiff files a written objection
agreement the prayer for appointment of handwriting expert. Heard and perused the depositions of
witness examined on behalf of both the parties and documents . Hence it is ordered that the petition
filed by the defts for the appointment of handwriting expert stands rejected on contest. To fix 8.7.96
for further evidence if any.
8.7.96
Defts file hazira. Learned advocate for the plaintiff files a death report that plaintiff of this case has
died on 27th may 1996 which is kept . To fix 30.8.96
8.8.96
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Defendant Sri Charan Ghose filed a verified application u/01 rule of cpc praying for transfer the
petition to the category of the plaintiff in place of deceased . Copy served and strongly objected . Let
it be kept with records.
30.8.96
Plaintiff files objection against the petition u/s 1 rule of cpc . Copy served and objected to. To fix
27.9.96 for hearing the petition u/s 1 rule cpc.
27.9.96
Plaintiff files hazira and deft files petition praying for adj. Of hearing the petition u/s 1 r. Prayer is
allowed Adj till 29.11.96
29.11.96
Both parties file hazira. P.O is on leave and adj. Till 16.1.97
16.1.97
Plaintiff files hazira and deft files a verified petition praying for time and adj of hearing . Prayer
allowed. To fix 19.2.97 for hearing the petition.
19.2.97
Plaintiff files hazira Deft files a hazira. Plaintiff prays for time. Prayer is allowed . To fix 25.2.97 for filing
ruling of order.
25.2.97
Defendant files hazira. The learned adv has cited rulings. Heard.
Later
The application dated 8.8.96 u/s 1 to be disposed on contest giving direction to the applicant to take
necessary steps as per observation made in the body of this order in view of the decision made in 1963
AIR p.456
4.4.97
Plaintiff files a verified petition u/s 6 rule 17 praying for amendment of plaint on the ground stated
with petition . To fix 25.4.97 for filing objection .
25.4.97
Plaintiff files a petition furnishing showing servin of copy of plaintiff. Defendant file an objection.Copy
served. To fix 6.6.97 for hearing the petition u/s 6 rule 17 cpc
6.6.97
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Both the parties file hazira. P.O was transferred . P.O in charge is busy . Thus adj to 18.7.97 for hearing
the said petition.
19.7.97
24.7.97
The record is put up by plaintiff and supported by affidavit. To fix 5.8.97 for further hearing of plaintiff
5.8.97
Both parties file hazira . P.O is on leave Thus adjourned till 12.9.97 for hearing of petition
4.9.97
Both the petition file hazira. The petition under section 6 of rule 17 is rejected as not pressed by
advocate. On the prayer next date 10.11.97 for taking steps.
12.9.97
Hazira filed by deft. Plaintiff files an objection against petition 151 cpc. Plaintiff files a petition u/s 6
rule 17. P.O is on leave. Thus adj 4.11.97
4.11.97
As the member of the local bar association do not proceed in court proceeding today. Thus adj to
10.11.97 . Plaintiff files hazira and deft file an adj. Petition
10.11.97
Both parties file hazira. P.O is engaged . Adj to 3.12.97 of hearing of petitions
3.12.97
Plaintiff files hazira. Defendant files objection against petition. P.O is on leave thus adj. Till 21.1.98
21.1.98
Both parties file hazira. The petition is allowed on consent of both sides with amend the plaint and
note it in the register. Let the petition itself be treated as part of the plaint. To fix 9.2.98 for argument.
9.2.98
Plaintiff files a petition praying for adj . which is allowed. Till 23.2.98 for argument.
23.2.98
Plaintiff files hazira . Defendant files a petition praying for adj. Till 4.3.98 for argument . Additional
w.s.if any in the meantime.
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4.3.98
The petition of 151 crpc is being heard today and this petition as per the order given by the learned
court stands rejected at no cost.
The petition under order 6 rule 18 read with 151 cpc code is taken up for consideration in presence of
both sides . Heard advocates of both sides.
This petition is also rejected on contest with no cost. The formal order is passed by which the date is
extended today for filing the amended plaint for the interest of justice. To fix 6.3.98 for argument.
6.3.98
Both the parties files hazira. As per resolution of the local bar, adj til. 9.3.98
9.3.98
Both parties file hazira. Heard argument in full . To fix 12.3.98 for delivery of judgement.
12.3.98
P.O is busy in sessions case. Adj to 17.3.98 for further argument and judgement.
17.3.98
Ld advocate of both sides are present. Plaintiff files a petition praying for time to take steps for
depositing highest court fee for granting letter of administration . Prayer is allowed. To 18.3.98 .
18.3.98
Plaintiff files a petition praying for time on the goods stated in the prayer is allowed. To fix 25.3.98
for further hearing.
25.3.98
Court fee of Rs. 10000 is adj. Filed as per the furnished document. Let them be kept the narrow. To
fix 27.3.98 for delivery of judgement.
27.3.98
Judgement not delivered in open court in separate sheets. The is allowed on contest with cost. Letters
of administration is granted in favour of plaintiff.
2.4.98
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Case No: 11
Sl.
No.
1. Nature or type of suit T.S. : Case number 256/ 2005 Class 1
2. Filed on 15.7.2005
3. Filed in which court District court Alipore
4. When it was initiated 16.7.2005
5. When was the act of judgement 25.5.10
6 How much time 5
7. What was the result Dismissed on contest
8. Filed by Plaintiff : Shri Surendra Narain Tiwari
Defendent: HDFC Bank
15.7.2005
Register , the plaint is filed today. The required court fees is rs. 20 . Requisites put in and issue of
summons upon the defendant in both ways filing 23.9.05 for a/c.
The plaintiff purchased a flat on loan from the defendent which is of 3lakh with an equal monthly
instalment of 2625 which was being regularly paid by the plaintiff for a period of 6 years. The
subsequently the said loan was enhanced to the extent of 5.95 lakhs for an emi of 7212 for 8 years .
This EMI has also been paid till 6th august 2003. The plaintiff is a headmaster at Haltu . The dispute
arose between the plaintiff and defendant regarding payment of interest for home loan which has
come down . With repeated requests for reducing the interest rate for the loan , the defendant didnot
reduce it at all , resulting stoppage of payment since 1st feb 2005. The defendents men and agents
came and threatened the plaintiff with dire consequences.That the cause of action arose on 15.6.05
at 11 am when the plaintiff was threatened by the defendants . Based on contention , the suit was
filed .
15.7.05
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The plaintiff files a petition u/s 39 ranks 1 and 2 read with 151 cpc and 94 (c) cpc code supported by
an affidavit praying for an order of temporary injunction along with an order ad injunction restraining
the defendent and the men disturbing in the peaceful possession of the plaintiff in the suit premises
described in the schedule.
16.7.2005
An affidavit alongwith one postal receipt served by the plaintiff in compliance of petition u/s 39 .
Requisites put in . Issue the same accordingly.
8.8.05
7.10.05
Plaintiff files a petition supported by an affidavit praying for extension and inter order injunction on
the ground stated therein. The prayer is considered and allowed. To 13.12.05 for SR AND ad extention
order be excluded till date .
13.12.05
Plaintiff files a petition supported by an affidavit praying for exclusion of inter order of injunction.
Deft. File a petition praying for time to file w/s . To fix 7.2.06 for filing w/s and power and the interim
order be extended till date.
7.2.06
Plaintiff files no hazira. Plaintiff takes no steps. To fix 23.3.06 for filing w.s by defendant.
23.3.06
Defendant files hazira. To file 11.5.06 for w/s for ends of justice.
11.5.06
Both parties take no steps. Plaintiff is directed till 29.8. 06 for show cause as to why this suir shall not
be dismissed and filing of w/s by defendant.
29.5.06
Defendant files a w.s. . The copy to be served by the plaintiff. Plaintiff takes no steps. To file 19.12.06
for showcause by plaintiff and objection to be filed if any.
19.12.06
Deft . files hazira and plaintiff files show cause. To fix 15.3.06 for serving copy of w.s. and also for
petition hearing.
15.3.07
Both parties files hazira . Due to cause of work , to fix 20.6.07 for petition hearing.
02.6.07
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Defendant files hazira. The a/d card is received by court. Plaintiff files a petition under order 6 rule 17.
To fix 7.8.2008 for hearing of 6 rule 17
7.8.2008
Defendant files hazira. Plaintiff has files petition for order. Handwriting illegible. To fix 12.11.08 for
hearing of petition for hearing of 6 rule 17
12.11.08
Defendant files hazira. Plaintiff files a prayer for a copy with cost rs. 1000 . To fix 12.1.09 for hearing
of petition and order.
12.1.09
Defendant files hazira . Plaintiff files a petition for amendment . Heard and prayer is allowed. To fix
26.2.09 for hearing of petition and to date.
26.2.09
Defendnat files hazira. Due to cause of work , to date 22.4.09 for hearing of petition.
22.4.09
Defendant files a hazira. Plaintiff files a petition for adj. Copy served. Ld. Advocate of the defendant
filed steps for objection against the opposition party . To fix 23.4.09 for petition hearing.
23.4.09
Defendant files hazira. Plaintiff files a petition for adj. Heard and allowed . To fix 25.5.09 for petition
hearing.
25.5.09
Both parties file hazira. As per the resolution of the Bar , next date to fix 08.07.09 for hearing of
petition.
08.07.09
Both parties file hazira. The petition dated 6 rule 17 . Heard . It appears that petition dated 2.5.08
stands pending for disposal. Heard and perused. The amendment is found in notice. It will not change
nature . Accordingly the amendment u/s 6 rule 17 cpc. To fix 21.8.09 or steps and petition hearing.
21.08.09
Defendant files hazira. Plaintiff files a petition for adj. Heard and prayer is allowed. To fix 09.11.09 for
petition hearing.
09.11.09
Both parties files hazira. Due to cause of work , petition hearing is 11.1.10 for petition hearing.
11.1.10
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Deft files hazira. On the prayer of the plaintiff the case is adjourned. To fix 05.04.10 for hearing the
petition u/s 7 rule 11 cpc
5.4.10
Parties filed hazira .Plaintiff prays for time for complying order 6 rule 18 cpc. . The record reveals thatr
the prayer for amendment was allowed on 8.7.2009 and the plaintiff was directed to comply order 6
rule 18 by the next date . But on the next date the plaintiff prayed for adjournemtn on the ground of
his laqwyer which was allowed.Taoday the plaintiff prays for adj. On the ground of the illness of his
client. Also the learned court saw that lot of time has been given to plaintiff for reply to petition under
order 6 rule 18 cpc , thus the adjournement stands rejected and plaintiff must repare for hearing.
Thus the plaintiff’s suit under section 6 rule 17 stands dismissed on contest because of the claims of
action not found suitable according to the suit.
25.5.10
Case No.12
Sl.
No.
1. Nature or type of suit T.A. 327/92 , Class 1
2. Filed on 11.8.92
3. Filed in which court District court Alipore
4. When it was initiated 27.8.92
5. When was the act of judgement 31.3.94
6 How much time 2
7. What was the result Dismissed on contest
8. Filed by Plaintiff : Gour Chandra Halder
Defendent: Ekadashi Halder
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This is an appeal against the judgement and decree dated 28.6.88 passed by sri. P.N Bhaduri. The case
is over a disputed deed presented by the defendants as opposed to the proposition of the contentious
property being a joint property. The initial suit was 34 of 1975.
11.8.92
Regiter court fees paid Rs. 15 is correct . Requisite that petition on prayer of the appellant , time is
allowed till 27.8.92 for filign requisite.
27.8.92
Appellant files a petition u/s 41 r 14 (4) cpc . Praying for dispensing with the service upon the
respondents. To 12.11.92 for hearing the petition.
12.11.92
Appellant files hazira. The petition u/s 41 rule 14 of cpc is taken up for hearing . Heard the learned
advocate for the appellant . Perused . Considered It is stated that the respondent contest in the suit
of the trial court . Hence summons to be issued on respondents and allowed. To fix 8.12.92 for taking
steps
26.11.92
Requisite put in. Put up on the date fixed for further order. Call for LCR.
9.12.92
Yesterday having been directed bharat bandh. The record is put up today for order . To decide for
21.12.92 for hearing and order.
21.12.92
Requisite already put in . Admit the appeal. Issue notices simultaneously through court and by regd
post fixed 9.2.93 for return and A/D Postal receipt at once. Call for the record.
9.2.93
Postal receipt are filed But neither service returned not A/D returned after service. To fix 29.3.93 for
service return and A/D . Respondent 3 has appeared with power.
9.3.94
Respondent no.1. and 2 have entered appearance by filing power . Also file cross objection Copy
served and objected to. To date for further order . the petition and power be kept with the record.
29.3.93
All service returned and A/D after service. To fix 21.4.93 for record and order.
21.4.93
Lower court record has not yet been received from the court . To fix 2.6.93 for record and order.
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3.6.93
Yesterday having declared holiday , the record is out up today for order . To fix 9.6.93 .
19.6.93
Let petition be received and checked. The appeal is ready for hearing.
7.7.93
Received the record from the ld district judge , alipore for disposal. To fix 20.8.93 for hearing of appeal
20.8.93
Parties fil hazira . Appeal is called and taken up for hearing . Heard arguments , learned advocates of
both sides in full. To fix 30.8.93 for delivery and judgement.
9.3.94
Received w.s for put up . Delivery of judgement fixed. To fix 22.3.94 for delivery of judgement after
receiving documents of evidence.
31.3.94
Judgement delivery today that the appeal be dismissed on contest against reposndent with exparte
against . Cross objection is allowed n part. Order against exparte is given . Details perused and
judgement given.
8.4.94
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Case No. 13
Sl.
No.
1. Nature or type of suit T.A. 408/92 ,class 1
2. Filed on 21.9.92
3. Filed in which court District court Alipore
4. When it was initiated 18.11.92
5. When was the act of judgement 7.9.95
6 How much time 3
7. What was the result Decreed on contest
8. Filed by Plaintiff : M. Ghosh
Defendent: Swapna Ghosh
21.9.92
Register due court fee of Rs. 15 . Requisites put in . This appeal is filed today within the time limit .
Appeal is admitted . Serve notice upon the respondent simultaneously through court and regd ost
with cost. To date 2/12/92 for return and adverse call for the learned counsel.
The plaintiff and the defendants are the the ones who have inherited the said property and are joint
owners of it. It is alleged that after the death of the mother of the defendants and mother in law of
the plaintiff , the defendants started putting torture on the plaintiffs in respect of the joint possession
of the suit premises , the partition was not done amicable which resulted in the suit. All the
defendants denied the allegations and has prayed for the dismissal of the plaint case.
18.11.92
21.2.92
5.12.92
Received T.A no. 408/92 by transfer from the learned district judge , south 24 parganas , alipore along
with LCR (lower court record ) for disposal. To fix 4.2.93 for hearing of the appeal
4.2.93
Appelant files hazira. Respondent files a petition praying for an adjournment on the ground stated
therein . Heard as no objection is raised , the prayer is allowed.
15.3.93
Report no.s 1 and 2 files a petition for praying for direction upon the appellant to serve copy of the
news of appeal and praying for adjournment. Apellant files hazira and files copy of gift deed with firisti
.and also files an application u/o – 4 rule 27 cpc supported with affidavit praying for allowing him to
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adduce additional evidence . Copy served . He also files a petition praying for taking off the appeal
from P. Board before hearing this petition . Heard both sides Appellant to serve the copy of the memo
of appeal to the respondents forthwith . The appeal be taken off from P. Board . To fix 12.4.93 for
hearing the petition u/s 41 rule 27 cpc. Objection can be filed in the meantime.
12.4.93
Appellant and respondent file haziras . Respondent files objection against the petition files by the
appellant u/o 41 rule 27 cpc. Copy to be served as per endorsement that the learned ad of the
appellant is not available The appellant though filed for hazira are found absent on repeatable calls
when this petition is taken up for repeated calls when this petition is taken up for hearing . Learned
lawyer of the applicant is also not present in court when the petition is taken up for not present court
. When the petition is taken up for hearing . Learned lawyer of the applicant is also not present in
court when the petition is taken up for hearing . Learned lawyer of the respondent is present. So this
petition is rejected for non – procecution.
23.4.93
Appellant files a put up petition praying for moving an application u/s -151 cp code supported with
affidavit , praying for setting aside the order no. 7 dated 12.4.93 and for allowing the petitioner to
proceed with the application u/o -41 rule 27 cpc ater condoning his latches . Copy served . Accordingly
the record is put up today. Respondent files a written objection against application u/s 151 cpc filed
by the appellant . As I was busy i taking up sessions case , this petition cannot be heard be today . To
fix 6.5.93 for hearing the petition u/s 151 cpc code
6.5.93
Apellant files hazira . Respondent files a petition praying for an adjournment on the ground therein.
The petition is shown . Heard prayer is allowed. To fix 19.5.93 for hearing the petition u/s 151 of the
cpc . The hearing of the appeal cannot be taken on that date as already fixed.
19.5.93
Partied file hazira and ready . But as P.O is on leave and I am busy with my own file , the matter is
delayed. To fix 24.6.93 for hearing the petition u/s 151 cpc . The hearing of appeal be taken off rom P.
Board till disposal of the said petition.
24.6.93
Parties file hazira. Respondent files a petitition praying for an adjournement for the reasons stated
therein . The petition is shown . Heard prayer is allowed as no objection is raised. To fix 22.7.93 for
hearing the petition u/s cpc.
22.7.93
Parties file haziras. As the learned lawyers cease to work today from 12 pm adj. To fix 13.8.93 for
hearing the petition u/s 151 cpc.
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13.8.93
Parties file haziras and ready . The petition u/s 151 cpc is taken up for hearing . Heard the learned
lawyer of both the parties . Learned lawyer of the appellant himself files an affidavit to show
bonafideness of allowing his petition u/s 151 cpc
This above said petition was filed u/s 151 of the cp code and the affidavit sworn by the learned lawyer
of the petitioners. But the lawyer was busy in other court so coudnt come.
The petition filed u/s 151 of the cp code is allowed and the order dated 12.4.93 is set aside.
Thus to fix 10.9.93 for hearing of the petition filed u/s 41r 27 of the cpc code.
10.9.93
Respondent files hazira while appellant takes no step. As per resolution of the bar association as I am
not taking seat from 2pm , the matter is adjourned . To fix 20.9.93 for hearing of the petition u/s - 41
r 27 of the cp code.
Both parties files hazira and ready . This petition u/o -41 rule 27 cpc is taken up for hearing . Heard the
learned lawyers of both the parties.
20.9.93
Both parties file hazira and ready . The petition u/o 41 rule 27 cpc is taken up for hearing . Heard the
ld lawyers of both the parties.
30.9.93
The record is put up today. The appellant need time to produce the gift deed. But the judge didnot
find cogent reasons to allow the prayer of the appellant . Accordingly the prayer of the appellant is
rejected on contest.
25.11.93
The report 1 and 2 have filed hazira and learned lawyr of the respondent is present. No step has been
taken by the appellant and the name appears on the side of the appellant on repeated calls.
16.12.93
Seen the requisition no 12 dated 15.12.93 for passing final decree of the T.S No- 14/91. Considered ,
send the record at once with direction to return the same after passing final decree.
T.A NO – 408/92 u/s 41 RULE 19 READ WITH SECTION 151 CPC CODE.
21.12.93
This is an application u/o 41 supported with affidavit and vakalatnama filed by the petitioners/
appellant praying for restoration of T.A -408/92 to its original file after setting aside the order of
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dismissal dated 25.1193 on the ground stated therein. Necessary requsites with process fees. This case
is registered and notice upon op/ respondents asking them to showcause as to why the prayer of the
petitioners shall not be allowed . Notice be served upon them through court and by regd post. To fix
31.1.94 for order awaiting return postal receipt on that date.
31.1.94
Petitioner files hazira. But postal receipt not filed . No s/r. To fix 2.3.94 for order awaiting return .
Postal receipt be filed on that date.
2.3.94
Petitioner files a petition praying for a date . Ops enter their appearance by filing written objection
spported with affidavit . Copy served . To fix 18.3.94 for hearing the misc case.
18.3.94
Parties files hazira and ready . but P.O is on leave. Hence adjourned . To fix 13.4.94 for hearing the
misc case.
13.4.94
O.P files hazira , petitioner files a etition supported with misc case praying for adjournement. Heard .
considered and prayer is allowed as last chance
3.5.94
As cease work is continuing since 25.4.94 , lawyers have not appeared , parties are also absent . Hence
adjourned . To fix 24.5.94 for hearing the misc case.
24.5.94
Both parties being ready the misc case is taken up for hearing . Heard the submission of the learned
lawyer of both sides. Considered . Let the misc case be allowed subjected to payment of cost of Rs.
100 to the op
31.5.94
Petitioners file receipt with firisthi showing payment of cost of rs 100 to the ops. In view of the
preceeding order , the misc case no 24/93 is therefore allowed and the appeal be restored to its
original file and number.
T.A – 408/92
In view of above order , T.A 408/93 is restored . To fix 27.6. 94 for hearing the appeal.
27.6.94
Both the parties have filed hazoiras through lawyers . P.O is transferred . Hence adj. To fix 13.7.94 for
hearing the appeal
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13.7.94
Parties have filed haziras . P.O has since been transferred . Hence adjourned. To fix 8.8.94 for hearing
the appeal
8.8.94
Parties have filed haziras and ready . Successor has not yet joined. To fix 6.9.94 for hearing the appeal.
6.9.94
Appellant has filed hazira and also has filed a verified petition praying for stay of the final decree
proceeding in T.S no. 14/91 FOR THE REASON STATED THEREIN . Copy served and objected to.
Respondent has filed hazira. Heard the submission of the learned lawyers of both parties. As the LCR
is sent down to the lower and is not readily available hearing of appeal be adj.
To fix 27.9.94 for hearing the appeal and petition filed today objection if any in the meantime. lcr be
called for at once.
27.9.94
Both parties have filed haziras and ready . As LCR not yet reached , the matter be adj. LCR be called at
once.
15.12.94
Both parties have filed haziras and ready with their ld lawyers . At the time of taking up the appeal for
hearing , it appears that LCR has not yet reached in spite of sending requisites in the month of SEPT
194. Considered. In absence of LCR , hearing is adjd. Issue urgent reminder . Fix 3.1.95 for receipt of
LCR Date of hearing appeal be fixed after receipt of the same.
LCR received . Appeal is therefore ready . Fix 11.1.95 for hearing appeal.
11.1.95
Learned lawyers of both parties being present , the instant appeal is taken up for hearing . Heard
appellant’s lawyer in full . No time today.
12.1.95
Both parties have foiled haziras . Hearing of the appeal resumed . Heard respondent lawyer in full .
Also heard appellant’s lawyer in reply but in part. On this prayer , hearing deferred. To fix 17.1.965 for
further hearing of appellant’s lawyer in reply.
17.1.95
Both parties have filed haziras and ready . Further hearing resumed . Heard learned lawyer of the
appellant in reply. Hearing is closed. To fix 31.1.95 for judgement.
31.1.95
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18.2.95
4.3.95
At the time of taking up the appeal for writing out judgement . Judge thinki=s that some clarification
is required . Hence to fix 11.4.95 for clarification. Inform ld lawyers of both parties.
13.4.95
On 11.4.95 bing a holiday on the demise of ex0- prime minister morarji desai record is put up today.
To fix 18.5.95 for clarification
18.5.95
Learned lawyers of both parties are present and ready . ADJ busy.
30.6.95
Parties are present with their lawyers and ready. The appeal is taken up forhearing i.e for clarification
on certain points . Heard them in full . To fix 17.7.95 for judgement.
17.7.95
5.8.95
Judgement in eight separate sheets is delivered today.The appeal is dismissed on contest with cost.
The judgement was given to the modification like the plaintiff/respondents 11/15th share in the suit
premises each of the defendants/ appellants 1/15th share also is to be specifically mentioned in the
decree. Judgement is kept in the record.
24.8.95
7.9.95
A verified petition on behalf of the respondent no 1-2 is filed praying for sending back the LCR of T.S.
no- 14/91 to the count of assistant district judge of alipore for passing final decree. The record to be
returned.
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Case No. 14
Sl. No.
1. Nature or type of suit T.A 188/95 , Class 1
2. Filed on 2.6.95
3. Filed in which court District court Alipore
4. When it was initiated 21.7.95
5. When was the act of judgement 25.11.97
6 How much time 2
7. What was the result Rejected. Plaintiff applies for appeal
8. Filed by Plaintiff : Gour Chandra Naskar
Defendent: Smt . Pusparani Naskar
2.6.95
Register Court fee paid . Requisites filed but requisites are incomplete. To fix 22.6.95
22.6.95
Complete requisite not filed . To fix 21. 7.95 for filing all of them.
21.7.95
Appellant takes no steps . Appellant to show cause by 19.8.95 as to why the appeal shall not be
dismissed for default.
27.7.95
Appellant files a verified petition for taking steps after date fixed. Complete requisites also filed to
date.
31.7.95
Appellants have filed a petition for temporary injunction which is allowed till 19.8.95
19.8.95
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Requisites put in . issue of injunction and show cause according to dated 31.7.95
19.8.95
Appellant files a petition for extension of injunction. Complete requisites for service of notices of the
appeal have not been filed . To date 12.12.95 for filing complete requisites.
24.8.95
Service return is not received . It appears that notice in T.A is not issued . To fix 12.12.95 or return
and appearance.
12.12.95
Notices have come back unserved. To date 16.2.96 for steps for service of notices upon the
respondents.
16.2.96
Respondents 1 to 8 have entered appeared notices to the rest of the respondents , has come back as
not claimed.To date 18.5.96 for steps of service of notices upon respondent 8. Also interim injunction
is extended till 18.5.96
20.5.96
18 having being observed a cease day , today the record has been put up. 18.7.96 has been fixed for
taking steps. Appellant has again filed for extension of interim petition which is allowed till 18.7.96.
6.6.96
Record is put up today by appellant. To fix 18.6.96 for hearing of the petition.
18.6.96
Appellant files hazira. The petition u/o 5 R 20 P.C is taken up for hearing. Heard . The respondents are
intentionally avoiding service. The petition is allowed. Issue notices upon the respondents 8 to 17 in
substitute manner fixing 28.8.96 for its return and appearance.
18.7.96
Both parties file hazira. No time today. The case is adjourned to 28.8.96 for hearing the petition for
dispensing with service of notice upon respondents. LCR HAS BEEN CALLED FOR.
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28.8.96
appellant files hazira. Appellant has not filed requisites in pursuant to the order no 14. Appellant is
put in requisites positively by 3.10.96
3.10.96
Appellant files hazira. Appellant files appeal praying for time to take. Considered. To fix 14.11.96.
14.11.96
Appellant files petition . Praying for time for show cause of steps. Considered steps.
28.11.96
Appellant files a petition . Praying for time to take steps dhowing reasons . Considered prayer is
allowed. To fix 13.12.96 for steps
13.1.96
Appellant files for petition praying for time to take steps . Considered . Prayer is allowed. To fix 2.1.97
for steps
22.1.97
Requisites put in . Issue notice upon the respondent by registered post with A/D . To fix 03.97 with
A/D.
27.1.97
Requisites put up Appellant files petition for extension of injunction . Showing reasons there. Put upon
28.1.97 for order.
28.1.97
Heard the learned lawyer for the appellant . The record dosnot indicate that the appellant are prompt
to comply with the direction of the court with a view to proceed with the heaing of the appeal. Anyway
next date is fixed on 20th march 1997 . In that matter belated prayer of the appellant for the extension
of the interim order of injunction is considered afresh from this date till next date and unless it is
extended there will be no injunction against the respondents. Appellant should take steps accordingly.
18.2.97
On the prayer of the respondent no 1 to 7 the record is put up today on 19.2.97 for order.
19.2.97
The petition filed by the appellant for dispensing with service of notices for the appeal is put up for
respondents. It asserted that the said proforma respondents didn’t appear not contested . In view of
the facts and circumstance. Service of notices upon the proforma respondents be dispensed with . To
fix 5.4.97 for further steps .
20.3.97
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Appellants ile a petition praying for extension of the interim injunction . Heard . Considered . l.c.r has
been received . To date 17.6.97 for LCR and order. The interim injunction is extended till 17.6.97
5.4.97
10.4.97
11.4.97
Appellant files hazira . LCR IS RECIEVED . The appeal is otherwise ready . The appeal is transferred tot
he 5th court of the asst additional district judge . Alipur for disposal.
27.5.97
17.6.97
Appellant have filed an application supported with affidavit praying for extension of interim. Lawyer
of the respondent not available. Copy not served as it appears. Keep it in record for disposal on the
date fixed 23.6.97
23.6.97
Appellant files a petition or adjournment . Respondent has not objection . The case is adj. Till 28.7.97
for hearing of the appeal. Interim injunction till disposal of appeal.
28.7.98
Both parties have filed haziras . Apellant has filed a petition praying for extending interim injunction.
As court id allowed , prayer is vacant . Interim injunction is allowed till disposal of the case. To fix
18.8.97 for hearing of the appeal
18.8.97
Appellantr has prayed for adjournment by filing a petition . To fix 4.9.97 for hearing of the appeal
4.9.97
Appellant have prayed for adjournment Respondent has not objection . Adjournment as last chance.
To fix 4.11.97 for hearing appeal.
4.11.97
Ld. Lawyers of both parties being present , appeal is taken up for hearing . Heard appellant lawyer in
full and respondent in part . On his prayer to fix 5.11.97 for further heaing .
5.11.97
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Learned lawyer of both parties being present. Heard both the lawyers. To fix 25.11.97 or judgement.
25.11.97
6.12.97
15.1.98
Record is put up today by filing a petition for appellants praying for necessary correction in the
ordering portion of the judgement. O decree of this appeal. To fix 22.1.98 for hearing of this petition.
22.1.98
4.2.98
9.2.98
I am busy in sessions court . No time today . Hearings filed and objection kept in record.
13.2.98
Lawyers of both parties being present , the petition dated , 15.1.98 of appellant is taken up for hearing.
26.2.98
The record is put up today for order. Judge heard both the parties and it has been rejected on costs.
5.3.98
Appellant has prayed for return of the copy of the judgement and decree of the T.S no 104/90 for
preferring second appeal in honble court. Return the copies to the appellant’s lawyer on proper
receipt thereof.
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Case No. 15
Sl. No.
1. Nature or type of suit T.S 136/96
Class 1
2. Filed on 27.9.1996
3. Filed in which court District court Alipore
4. When it was initiated 11.12.1996
5. When was the act of judgement 28.9.07
6 How much time 11
7. What was the result Decreed on contest
8. Filed by Plaintiff: Abdul Kasim Ansari
Defendant: Mr. A. Sattar
27.9.96
The plaint is filed today Registration of the plaintiff is done and summons issued upon the defendant
both by court and by registered post with A/D fixing 11.12.96 for appearance and contesting purpose.
Postal receipt to be filed by the date fixed. Also petition for interim injunction is filed. The plaintiff are
tenants who file petition for declaration , recovery of money and permanent injunction valued at
1,83,100 while the defendant while the defendants file for dismissing the same .
11.12.96
Perused the petition for ad interim injunction. The affidavit is supported by documents and notice is
issued upon the defendants to show cause within 7 days from the date of service giving reasons for
plaintiff’s prayer for temporary injunction shall not be granted against them.
Considering the facts and circumstances of the case , the plaintiff has got strong prima facie.
11.12.96
The petitioner files hazira and the regd post has been received. The defendants appear.The
defendants have applied for Time is given for W.S and written objection. It is allowed to 5.2.97.
5.2.97
The plaintiff filed hazira . Summon received back after due service. Defendents were informed for
appearance and to file w/s and written objection if any . Suit copies of the w/s + objection could not
be served upon the plaintiff as the learned adv for the plaintiff was not available. To fix 25.3.97 for
hearing of injunction matter.
25.3.97
21.5.97
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20.8.97
The record is put up today . The plaintiff file an application u/o 11 r 12 of cpc code , directing the
defendant to discover an authorised c opy not served to deft. Let copy be serviced to defendant and
to fix 29.8.97 for hearing of the petition in presence of the lawyer.
29.8.97
Both the parties file hazira. The record has been put up and defendants have been called for.
5.11.97
The defendants file hazira . The defendants pray for time. Prayer is considered and till 5.1.98 for
discovery by the defendants as prayed for.
5.1.98
The defendants file affidavit with documents . To fix 9.4.98 for serving copy of the affidavit.
19.3.98
24.7.98
Parties file hazira. To fix 13.11.98 for serving affidavit in high court.
13.11.98
Not legible
12.2.99
Plaintiff files hazira. Defendant takes no steps on reported calls. Hence to fix 7.6.99 for ex parte hearing
of the suit.
7.6.99
Defendants file written objection. Plaintiff file for a copy of written objection at a cost of 50.
26.8.99
Plaintiff files hazira . Defendants prays for adj on the ground stated therein. Prayer is allowed as last
chance. To file 6.1.2000 for petition hearing of the suit.
6.1.2000
Parties file hazira. The P.O is on leave . Adj dated to 21.3.2000 for petition hearing.
21.3.2000
The defendants pray for adjournment. To fix 9.6.2000 for petition hearing.
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9.6.2000
The plaintiff files for adjournment . To fix 9.8.2000 for petition hearing.
9.8.2000
23.11.2000
22.2.2001
Inview of the learned court’s order no . 110 G dated 9.11. 2000 , the c/r is transferred to the learned
senior court , sealed for disposal.
2.4.01
Received the record on transfer from the 2nd assistant district judge. To fix 6.6.01 for hearing of the
petition.
6.6.01
Plaintiff file hazira. Defendant takes no step . None turns up on behalf of the defendant on repeated
calls. Subsequently defendant files a petition for praying for time. Prayer for time is done. To fix
19.7.01 for hearing suit.
19.7.01
No step is taken by either of the parties . In the mean time deft files late hazira. Plaintiff is present
personally . It is reported that the lawyer of the plaintiff has not arrived . It appears that stay petition
dated 23.11.2000 is still pending and w/o is that.
The deft prays for time for hearing of the stay petition . Considered . The prayer is allowed.
To fix 23.8.01 for hearing of the stay petition in presence of both sides.
23.8.01
Both parties file haziras through respective lawyer . Heard both sides at length . To 28.8.01 for issuing
necessary order.
10.9.01
Both parties file hazira . the p.o is on leave. To fix 20.9.01 for further order.
20.9.01
The record was not put up on 20.9.01 . It was misplaced somehow. To fix 8.10.01 for order.
8.10.01
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Both parties file hazira. Today is fixed for passing order in connection with application DATED
23.11.2000 , wherein the deft has prayed for stay of the preceeding of the present suit. In connection
with the application the plaintiff filed written objection on 8.2.01 and hearing in connection with the
application and the written objection was taken up on 23.8.01 in presence of both parties.
The stay order doesn’t seem to be verified by the defendents themselves. In such a view of the fact
and circumstance , thus the stay of the preceeding of the suit as made by the defendant is rejected on
contest.
10.1.2002
5.3.02
Plaintiff files hazira. Defendant files an application praying for time on the ground that a revision
application is filed against the order no 31 dated 8.10.01 before the honble court and an advocates
letter in this regard is also filed. Heard both sides . Considered . In view of the above position the suit
is adjourned . To fix 3.5.02 for bring stay order if any for evidence.
3.5.02
Plaintiff files hazira. Deft files a petition praying for time. On the ground. Hd considered. The prayer
for time is allowed for justice. To fix 25.06.02 for hearing of the suit.
25.06.02
Both parties file haziras through lawyer . PW1 is examined in part. The suit is adj. To fix 21.8.02 for
further evidence.
21.8.02
Both parties file hazira . As per resolution of the bar the case is adjourned today.
27.11.02
Both sides take no steps . The P.O is on transfer . To fix 16.1.03 for further evidence.
16.1.03
Both sides file hazira. The P.O is on transfer. To fix 13.3.03 for further evidence.
13.3.03
Both sides file hazira . Heard learned adv for the appellant in full. To fix 13.5.03 for futher hearing of
appeal.
13.5.03
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Both parties file haziras . PW1 IS EXAMINED IN part. At this stage the plaintiff files a petition praying
for time on the ground stated therein.
4.7.03
Plaintuiff files hazira. There is cease work in the local car association . Thus next date for hearing is
23.7.03
23.7.03
Plaintiff files hazira. Defendant files hazira. The suit is taken up for hearing. PW-1 IS FURTHER
EXAMINED AND CROSS EXAMINED IN part . At this stage Deft files a petition praying for time on the
ground stated therein . Considered. To fix 27.8.03 for further hearing of suit.
27.8.03
Defendant files hazira with a petition for time and grounds of compromise are considered. The prayer
is allowed. To fix 21.11.03 for filing compromise petition for further hearing of suit.
22.1.04
Both parties files hazira. P.O is transferred . P.O is engaged . 10.3.04 for filing compromise petition for
further hearing of suit.
10.2.04
Both the parties files hazairas . P.O is transferred to the lower court. To fix 23.4.04 for hearing of the
suit.
23.04 .04
Both parties file hazira. P.O is transferred. Thus the next date fixed on 10.6.04 for healing of the suit.
10.6.04
Both parties files haziras . P.O is transferred. To fix 27.7.04 for hearing of the suit.
27.7.04
Both the parties file hazira through their advocate. Learned P.O has been transferred. To fix 2.9.04 for
hearing of the pwtition.
2.9.04
Both parties files hazira. P.O is transferred . To fix 6.10.04 for hearing of the suit.
6.10.04
Both parties file haziras . P.O is transferred. To fix 8.12.04 for hearing of suit.
8.12.04
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Both parties file hazira. P.O is transferred . The next date for hearing be 20.1.05
20.1.05
Plaintiff files no hazira. Defendant files hazira. P.O is transferred The next date for hearing be 22.2.05
22.02.05
Both parties file hazira. P.O IS TRANFERRED. The next date fixed for hearing be 28.3.05.
28.03.05
Both parties file for hazira. P.O is transferred. The next date for hearing be 4.5.05
21.5.05
Both parties file hazira . P.O is transferred. To fix 4.7.05 for hearing of the suit.
4.7.05
Both parties file hazira. P.O is transferred. To fix 5.8.05 for hearing of the suit.
5.8.05
Date is fixed for further cross examination of PW1 . Plaintiff is present with his learned counsel and
files hazira. Defendant has filed hazira but none appears on repeated calls. Defendant prays for time
at a later time that day. Heard considered . Prayer is allowed. To fix 6.09.0 for further cross
examination of PW1 . Both sides to come prepared.
6.9.05
Both parties files haziras, the case is taken up for cross examination of PW1. PW1 is cross examined in
part . At this stage defendant again prays for time. On the ground stated therein. Let another date be
fixed on 28.9.05 for further cross examination.
25.09.05
Both parties file hazira. The case is taken up for hearing . PW1 is further cross examined in part.
Defendant files a petition praying for time. To fix 7.11.05 for further examination of PW1.
7.11.05
Parties file hazira. The case is taken up for hearing . PW1 is further cross examined in part. Both parties
have filed documents marked as xhibits. Defendants puts petition asking for time. Time is allowed and
the next date is 8.11.05.
8.11.05
Both the parties file hazira. Today is fixed for further evidence. P.O is on leave. To fix 13.12.05 for
further evidence.
13.12.05
Both parties file hazira. The P.O is on leave . Let another date be fixed on 2.1.06 for further evidence.
2.1.06
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Both parties files hazira . Today is fixed for further cross examination of PW1 AND HE IS CROSS
EXAMINED IN FULL. Plaintiff files for petition praying for adjournment. On the ground stated therein.
Let the date be fixed as 13.1.06
13.1.06
Both parties file for hazira. Plaintiff files for recalling PW1. The petition is taken up for hearing and
when taken up for hearing it was justified for him . Thus the petition is allowed and the next date for
hearing is 31.1.06 .
31.1.06
both parties file hazira. plaintiff files affidavit or pw2 and pw3 . pw2 is further examined in full . pw3
is also examined in part. Documents filed by plaintiff are marked exhibit. At this stage plaintiff files a
petition for time on the ground stated therein. Prayer is allowed and the date fixed for further cross
examination of PW3 is 7.2.06
7.2.06
Date is fixed for cross examination of PW3 . No steps taken by plaintiff . None appears on repeated
calls . Defendant is present by filing haziras. It appeas that the plaintiff is not willing to proceed with
the case. Plaintiff to show cause as to why the suit shall not be dismissed due to non prosecution. To
fix 15.02.06 for show cause.
15.2.06
Both parties files hazira. Plaintiff doesn’t file petition for show cause. Today there is holiday in local
bar association . Court is adj. And the next date fixed for hearing the show cause by plaintiff is 21.2.06
21.2.06
Date is fixed for showcause by plaintiff and for further hearing of suit. Plaintiff files show cause , copy
served and the show cause is accepted. PW3 is further cross examined in full and discharged. Plaintiff
evidence is declared closed and defendent’s evidence is fixed for 1.3.06
1.3.06
Today is fixed for evidence on behalf of defendant. Plaintiff files a hazira and defendant files a petition
praying time on the ground that the lawyer could not file affidavit due to electrical fault in chamber.
Defendant’s petition filed for time is allowed. To fix 2.3.06 for evidence on the part of defendant.
2.3.06
Date is fixed for hearing of suit. Both sides are ready and present. Defendant 1 files an affidavit as
DW1 . Copy served. DW 1 is cross examined in part after filing affidavit . Learned counsel for plaintiff
seeks adjournment. To fix 4.3.06 for further hearing of suit.
4.3.2006
Date is fixed for further hearing of suit. DW 1 IS CROSS EXAMINED AND HEARD IN FULL. To fix 8.3.006
for hearing of argument.
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8.3.06
Both parties file hazira. Today is fixed for hearing of argument. Issues are framed and kept qwith
record. The case is taken up for hearing. Heard learned adv for defendant in full. Plaintiff files petition
for time which is allowed. To fix 10.3.06 for hearing the argument on behalf of the plaintiff
10.3.06
Both parties file for hazira. Today is fixed for hearing of palinitff. The suit is taken up for hearing of
argument. Plaintiff files a petition for time which is allowed. To fix 13.3.06 for further hearing of
argument on behalf of plaintiff.
13.3.06
Both parties file hazira. Today is fixed for further hearing of argument. The case is taken up for hearing.
Plaintiff files a petition for time. The petition is allowed. To fix 16.3.06 for further hearing of argument.
16.3.06
Both parties file hazira. Today is fixed for further hearing of argument. The case is taken up for hearing
. Heard argument on behalf of defendant in full. Plaintiff prays for time which is allowed. To fix 17.3.06
for reply
17.3.06
Both parties file hazira. Today is fixed for hearing of reply. Heard reply of the plaintiff. To fix 24.3.06
for delivery of judgement.
24.3.06
Today is fixed for delivery of judgement . Defendant files for hazira. The suit is dismissed on contest
with cost.
19.4.06
6.9.07
Plaintiff files a verified petition praying for taking back the verified exhibits in the form of documents
submitted before the court. The prayer is allowed.
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8 Plaintiff absent -
9 Awaiting order/instructions from High Court - -
10 Scheduling error/holiday declared/strike
11 Adjourned for passing judgement
Case No. 16
Sl. No.
1. Nature or type of suit T.A 136/96 , Class 1
2. Filed on 9.3.99
3. Filed in which court District court Alipore
4. When it was initiated 5.4.99
5. When was the act of judgement 8.6.06
6 How much time 7
7. What was the result Decreed on contest
8. Filed by Plaintiff: Badal Chandra samanta
Defendant: laksmi rani samanta
9.3.99
This memo and appeal has been filed against the judgement delivered and passed in T.S. 45/89 by 6th
court alipore . Court fees for rs. 16 is correct . The appeal is with requisite filed. To date 5.4.99 for
5.4.99
Appellant verified files requisites and steps not taken to that effect. Hence he is to file showcause .
Peittion by 17.4.99 as to why the memo or appeal shall not be rejected.
17.4.99
Verified showcause petition is filed cause shown is sufficient to be satisfactory . Let the S/C be
accepted . Requisites filed . Issue of registered posts sent with A/D . to fix 18.6.99 for release summon
receipt and acknowledgement.
18.6.99
Hazira filed for the appellant . Notice issued through regd posts but is returned after service. Let it be
accepted. To fix 19.8.99 for return and notice in respect to rest of the respondents.
19.8.99
Hazira filed by the appellant . There is no return in respect to respondents. To fix 21.9.99 for s/r order.
21.9.99 Hazira filed for the appellant . There isa the return as to the notice. To fix 6.12.99 for s/r today.
6.12.99
Hazira filed for the appellant . There is no return as to the notice . To fix 14.2.2000 for s/r today.
14.2.2k
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Hazira filed for the appellant . There is no return as to the notice ack. To fix 18.3.2k for filing the postal
receipts today also for s/r + ack.
18.3.2k
Hazira filed for the appellant . Postal receipts not filed. To fix 5.4.2000 for filing the same as last chance.
5.4.2k Postal receipts not filed. However ld. Advocates donot participate in the court’s proceedings
through resolution. To fix 5.5.2k for filing the same.
5.5.2k
Hazira filed for the appellant. Today is fixed for filing postal receipt. Neither files postal receipt not
takes any steps. Appellant to file show cause by 8.6.2000 , why the appeal shall not dismissed for non
compliance o the court’s order.
8.6.2k
Verified show cause petition is filed. Cause shown is sufficient and allowed. To fix 3.7.2k for taking
steps.
3.7.2k
On the prayer of the appellant time is allowed for taking steps . To fix 28.7.2k for taking steps.
28.7.2k
On the prayer of the appellant , time is allowed for taking steps. To fix 6.9.2k for taking steps.
6.9.2k
On the prayer of the appellant time is allowed for taking steps. To fix 3.11.2k for taking steps.
3.11.2k
On the prayer of the appellant , time is allowed for taking steps. To fix 2.11.2k for taking steps.
21.11.2k
Appellant takes steps for service of twice upon the respondents. Issue notice upon the respts. Through
court as well as by respondents with A/D . To fix 3.1.01 or S/R +ack
3.1.2001
Hazira filed for the appellant . There is no return as to the notice and ack. To fix 5.3.01 for S/R + Ack
5.3.01
Appellant takes no steps . There is no return as to the notice and ack. To 3.4.01 for S/R . To date for
filing postal recipts.
3.4.01
Today is fixed for filing postal receipts. Appellant neither files . Postal receipts nor takes any steps.To
showcause by 2.5.01
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2.5.01
Appellant has filed verified showcause. Petition with requisites. Let the s/c be accepted. Issue of notice
and to fix 25.06.01 or return of ack.
25.6.01
Hazira filed for the appellant with postal recipts. There is no return as to the acks in respect to
respondents. To fix 20.8.2001 for return and acknowledgements.
20.8.01
Appellant takes no steps . Acknowledgement return after dev service of notice upon the respondents.
Appellant is directed to take steps for respondent. To 7.9.01 for taking steps.
7.9.01
Appellant takes no steps. Perused the order 20.8..01 . Appellant is directed to file showcause petition
by 1.10.01 as to why the name of resp. Shall not be expected for return.
1.10.01
Verified show cause petition not filed. Cause shown is sufficient . Let the S/C be accepted. It is also
reposted that sole appellant Badal Chandra samanta died on 5.8.01 . Appellant to take steps by
15.12.01
15.12.01 Hazira filed for the appellant . Petition is filed supported by affidavit for substitution for
deceased Badal Chandra samanta the sole appellant on thuis appeal. To fix 16.12.02
16.2.2002
Appellant files hazira. The case is adj. To 26.3.2002 for hearing substitution petition.
26.3.02
Appellant files hazira . Petition dated 1.10. 2001 filed by appellant praying for substitution of heirs os
the earlier appellant as he is no more , is up. Prayer for substitution is allowed . To fix 14.6.2002 for
taking steps if any.
14.6.02
Hazira filed for the appellant . No steps are taken by the appellant . Appellant is to take step by the
appellant. To 3.7.02 taking steps.
3.07 .02
On the prayer of the appellant time is allowed for taking steps. To fix 19.7.2002 for taking steps.
19.07.02
On the prayer of appellant time is allowed for taking steps. To 14.8.02 for taking steps.
14.8.02
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On the prayer of appellant time is allowed for taking steps. To 14.8.02 for taking steps.
29.8.02
Ld. Advocate have ceased their work through resolution . To 16.9.02 for taking steps
16.9.02
Appellant neither take steps nor files praying time. Hence appellant is to show cause by 1.10.02 as to
why the appeal shall not dismissed for defunct.
1.10.02
Verified show cause petition filed. Cause shown is sufficient. To fix 21.11.02 for taking steps
21.11.02
Ld. Advocates donot participate in the court’s proceedings thorugh resolution . To fix 8.1.03 for taking
Steps.
8.1.03
Learned advocates donot participate in the court’s proceedings through resolution . To fix 13.2.03 for
taking steps.
13.02.03
One petition is filed on behalf of the appellant stating that in view of the order dated 26.3.02 it appears
that 5 legal heirs of the deceased appellant were filed on that date. Call for LCR 17.3.03 FOR further
execution of case.
17.3.03
Hazira filed for the appellant LCR IS NOT RECIEVED . Issue reminder . To fix 20.5.03 for order awaiting
LCR
20.5.03
Learned adv donot participate in the proceeding through resolution LCXR has not yet been received .
To fix 7.7.03 for order awaiting LCR
7.7.03
None takes any steps. LCR is rreceived . Let the appeal be transferred to 2nd court of LD. Additional
Dist Judge for disposal.
Present Amitabha Das
23.7.03
12.8.03
Seen the petition for adjournemtn filed on behalf of the appellant Respondent takes no steps. To fix
28.11.03 for hearing appeal
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28.11.03
A petition on behalf of the appeallnt praying for adj. Is filed . Respondent takes no steps. Adj. To fix
27.1.04 for hearing appeal.
4,2,04
It being holiday on 27.1.04 record is put up today . To fix 22.3.04 for hearing appeal.
22.3.04
Appellant files a pwtition praying for taking off the appeal from the panel board for taking steps in
repeat of the substitution of resp. No 1 . Prayer is allowed Appeal be taken off from Panel board . To
fix 14.5.04 for taking steps.
14.5.04
Appellant takes no steps regarding substitution . To fix 2.7.04 for taking steps as last chance
2.7.04
The substituted appellants files an applicatrion u/o 22 R2 interalia that the respondent no 1 lakshmi
rani samanta has died leaving behind the respondent no 2 and 3 as her only legal heir . The substituted
appeallants have therefore prayed for removing the name of respondent no 1 , since deceased from
cause title of the memo of the appeal. The prayer is considered and allowed. To fix 26.8.04 for hearing
of the appeal
26.8.04
Appellant files hazira . Respondent takes no steps . To 25.11.04 for hearing appeal
25.11.04
Appellant prays for adjournment by filing a petition . Seen . Adjourned . To fix 13.1.05 for hearing
appeal
13.1.05
Seen the petition of the appellant praying for adj . Considered . Adj. To fix 22.2.05 for hearing appeal
22.2.05
Appellant’s hazira is filed but judge is on order of transfer . To fix 28.4.05 for leaving appeal
28.4.05
Appellant files hazira . Court is vacant . Hence to fix 21.7.05 for hearing appeal
30.6.05
In view of order no 1030 G dated 24.6.05 of the learned D.J Alipore . Send this appeal to the 15th ADJ
alipore for disposal.
5.7.05
Record is received by transfer for disposal by court. To fix 21.7.05 for appeal.
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21.7.05
No steps filed by respondents. Appellant files a petition for record from the trial court of the appeal.
Appellant files petition praying for time to file for steps. Heard learned lawyer for appellant praying
for time . The appellant is directed to take steps by 10.8.05
10.8.05
A petition is filed by the appellant under section 1b to 1 e supported by affidavit praying for
substitution as heirs of appellant no 1a since deceased. To fix 12.9.05 for hearing of petition , objection
if any to be filed also.
12.09.05
None appears today. It is now 12pm . P.O has been transferred , thus court is adjourned. To fix 6.12.05
for hearing of petition.
6.12.05
Appellant files hazira . But court is lying vacant since P.O has been transferred . Case is adjourned
today. To fix 2.2.06 for hearing of petition objection if any.
2.02.06
Appellant files hazira . But court is lying vacant since P.O has been transferred. Court is adj. Today
28.03.06 for hearing petition.
8.03.06
Hazira filed on behalf of appellant . The petition dated 10.8.05 is taken up for hearing . Heard prayer
is considered and allowed. Substitution petition has been accepted and names changed therein. To fix
25.04.06 for hearing of the appeal. Amend the memo of appeal carefully
25.01.06
Appellant files a petition praying for adj on the grounds stated therein None appears on behalf of the
respondents to oppose the petition. This case is very old and needs to be disposed early. No further
time will be allowed to either of the parties in the next date . Case is adj. Till 03.05.06 . To date for
hearing of appeal as last chance.
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03.05.06
Appellant files hazira through advocate . None appears for the respondent. Heard arguments by
learned lawyer for the appellant . Judgement to be delivered on 16.05.06
16.05.06
Judgement delivered in the open court . The appeal is allowed on contest within cost . The judgement
passed in lower court on 18.12.98 is set aside. Judgement is kept in separate sheets.
8.06.06
Case No. 17
Sl. No.
1. Nature or type of suit T.S 63/2006 , Class III
2. Filed on 12.6.06
3. Filed in which court District court Alipore
4. When it was initiated 3.8.06
5. When was the act of judgement 20.3.09
6 How much time 3
7. What was the result Decreed on contest
8. Filed by Plaintiff : Ramesh Chowdhury
Defendent: Ram Ngina Chowdhury
12.6.06
The appellant files memo of appeal alongwith a vakalatnama against the judgement and decree
department 20.3.06 passed in T.S number 164/2001 by the judge . The memo of appeal is presented
witha a limitation. Court fees are paid as the mome appeal is aufficient Register the said memo of
appeal on the title appeal and admit the same. Issue the notice upon the respondents through court
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as well as registered post. To fix 3.8.06 for awaiting S/R of respondents. Appellant is directed to file
S/R between the date fixed.
This case is about the appellant party who bought a shop and ran it successfully for sometime until he
got a job and gave it to the respondent 1 to run it on his behalf. The respondents started earning the
profit and not sharing it with the appellants. The respondent 1 used to misbehave with the appellant
and finally forced the appellant to sell the property to the respondent or else he would sell it to a third
party. The suit was dismissed and was again filed , the initial suit being 164/2001.
3.8.06
Appellant files hazira along with postal dept Vakalatnama has been filed on behalf of the respondents
no 1 and 2 . Call for LCR . To fix 12.9.06 for order awaiting LCR.
12.9.06
Call for lcr To fix 13.11.06 for order awaiting respondent for LCR
13.11.06
Both parties file hazira. Call for lcr . To fix 15.12.06 fo order awaiting respondents of the LCR.
15.12.06
Both parties file hazira LCR is not received. To fix 14.2.07 for order awaiting LCR
14.2.07
LCR is not received . To fix 10.4.07 for order awaiting request of LCR.
10.4.07
25.5.07
Both parties files no hazira. LCR is not received as yet. To fix 10.7.07 for LCR.
10.7.07
Both parties file hazira . lcr is not recieved yet . To fix 7.9.07 for LCR
7.9.07
Both parties file hazira . LCR is not received as yet. To FIX 6.12.07 FOR LCR.
6.12.07
Both parties file hazira. Sent to the court of Sealdah. To fix 18.12.07 for appearance before the
transference court.
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17.12.07
Received the record being no.TA 63/06 along with LCR , T.S 154/01 ALONG WITH EXHIBITS IS SENT TO
Sealdah Judge court for disposal.
18.12.07
Both sides file hazira . lcr containing exhibits is recieved. P.O is on leave. Court is adj till 17.1.08 for
hearing of the appeal
17.1.08
Both sides file hazira , no time today . Adj . To fix 14.2.08 for hearing of the appeal
14.2.08
Both sides file hazira . Ld Advocates are not participating due to demise of member of the Bar council.
To fix 6.3.08 for hearing of the appeal
6.03.08
The record is put up today. 9.3.08 is a holiday . To fix 31.3.08 for hearing of the appeal
31.03.08
Both sides file hazira . Today is fixed for heaing of the appeal. Case is adjourned due to cease work by
the advocates bar association. To fix 5.5.08 for hearing of the appeal
5.5.08
Both sides file hazira . Today is fixed for hearing of the appeal .As such the case is taken up for hearing
. Heard in part. To fix 26.05.08 for further hearing of the appeal
26.5.08
Both sides file hazira. Today is fixed for further hearing of the appeal. The court is adj. To fix 18.6.08
for further rhearing of the appeal.
18.6.08
Both sides file hazira. Thereafter appellant files a petition for adj. Of hearing on the grounds stated
therein . Copy not served . Heard both sides and the prayer is allowed.
11.7.08
Both parties file their respective hazira. P.O is on leave . P.O is busy. To fix 28.7.08 for further appeal.
28.7.08
Both parties file their respective hazira. P.O is busy otherwise. To fix 8.8.08 FOR FURTHER HEARING
OF THE APPEAL.
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8.8.8
Due to cease work of the local bar the lawyers are stay away from the court . The case is adj.
25.8.08
Respondent files hazira P.O is busy. to fix 9.9.08 by furthe rhearing of the appeal
9.9.08
Both parties file their respective hazira. P.O is busy otherwise . To fix 10.11.08 for further hearing of
the appeal.
10.11.08
Respondent files hazira. Appellant takes no steps and found absent on repeated calls. Appellant to
show cause by 24.1..08 as to why the appeal shall not be disposed off.
24.11.08
Both parties file their respective hazira. Appellant files a verified show cause petition praying for
condoning the delay . To fix 10.12.08 for heaing of showcause petition dated 24.11.08
10.12.08
Both parties file their respective hazira. Today is fixed for hearing of the showcause petition dated
24.11.08. The instant petition is taken up for haring . Heard ld advocate for both sides. By filing the
petition , appellant has prayed to accept the show cause petition after condoning the delay. The show
cause petition is perused and accepted at a cost of Rs. 200. To fix 2.1.09 for further hearing of the
appeal.
2.1.09
Both parties file their respective haziras. A firisthi is filed by the appellant showing the cost to be Rs.
200. P.O is on leave. To fix 16.1.09 for further hearing of the case.
16.1.09
Respondent files hazira. No steps have been taken by the appellant . Due to repeated calls the
appellant doesn’t appear. Thus the appeallant needs to file show cause as to why the instant appeal
shall not be dismissed for default. To ix 28.1.09 for filing show cause.
28.1.09
Respondent files hazira. Appellant files a verified showcause petition as the ground stated in the
petition . Copy served . To fix 10.2.09 for filing of the show cause petition dated 28.1.09
10.2.09
Both parties file their respective haziras. Today is fixed for filing of the show cause petition dated
28.1.09 fixed by the appellant . The instant petition is taken up for hearing . The petition and case
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record is perused . Cause shown in the petition is sufficient and accepted . To fix 24.2.09 for further
hearing of the appeal from the side of the appellant and respondent.
24.2.09
Both parties file their respective haziras. Afirithi is filed by the appellant at a cost of Rs. 100. Heard
appeal in part on behalf of the appellant . To fix 5.3.09 or further heaing of the appeal on the side of
the appellant.
5.3.09
Both parties file their respective haziras. Subsequently appellant files a petition praying for adj. On the
grounds stated therein. Prayer is adj and allowed. To fix 16.3.09 for further hearing of the appeal on
behalf of the appellant.
16.3.09
Both parties file their respective haziras . Today is fixed for further hearing of the appeal from the side
of the appellant . Heard appeal in full. To fix 20.3.09 for passing judgement.
20.3.09
Judgement delivered today in open court , that the instant appeal is allowed on contest. The
judgement and decree dated 10.3.06 passed by civil judge is set aside.
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Case No.18
Sl. No.
1. Nature or type of suit O.S: 2 of 97 (Started with 57/96 , then the room
was changed and it became 2/97), class 2
2. Filed on 27.5.96
3. Filed in which court District court Alipore
4. When it was initiated 18.6.96
5. When was the act of judgement 22.6.2000
6 How much time 4
7. What was the result Decreed on contest
8. Filed by Plaintiff: Biswajit Lahiri
Defendant: Sakti Prasanna Lahiri
27.5.96
This is an application of the estate of will who died on 4.11.95 filed before the court . Register this
application as an original suit . To file 1.7.96 for filing court fee.
18.6.96
On the prayer of the plaintiff , the record is put up .Plaintiff has filed a petition a praying for hbeing
exempted from filing advalorem court fee as required under pfovise (II) to art 1 (g) of sch ii of the cpurt
fee act. It is asserted by the affidavit that there was no caveat entered in respect of the estate left by
the testator and objection filed after citation whereby the case became contentious . Hear and
considered. Issue of summons upon the defendants fixed for 26.8.96 for return and appearance.
Requisites within 3 days.
Later
Plaintiff files a petition u/o 39 rr1 and 2 of the cpc code supported by affidavit praying for an order of
temporary injunction restraining the defendant from transferring any part of the property involved in
this property till disposal. The defendant to show cause within 7 days of service thereof to why he say
not be restrained as prayed for. Prayer for interim injunction is refused at this stage.
20.6.96
Requsiites filed. The defendants are called up according to the order dated 18.6.96
10.7.96
The defendant appear by a petition and is given time to file for written objection. The next date fixed
is 26.8.96
26.8.96
Plaintiff files hazira and postal recipt . Defendant has already entered appearance and on his prayer
time is allowed till 15.1.97 for filing W.S
15.1.97
Plaintiff files hazira . Defendant does not file W.S. nor is any step taken therefore. The suit is
transferred to the 11 th court of additional district judge for exparte disposal.
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992
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22.1.97
Present Sri P.K Deb
O.S. 2/97 : 11TH adj
Record received by District Judge for disposal. To fix 26.2.97 for ex parte hearing.
26.2.97
Plaintiff files hazira. Defendant files verified petition praying for vacating the order of exparte .
Defendant files another petition for time to file W.S. Copy served. To fix 27.3.97 for order in presence
of lawyers.
27.3.97
Parties are present . Defendant files W.S. , copy not served. Petition dated 26.2.97 iled by defendant
for vacating the order of exparte. Hearing is taken up by both sides. Lawyer is considered and allowed
subscription to payment at the cost of RS. 50. Let the order of exparte hearing is truly vacated. To fix
6.5.97 for payment of cost and framing of issue.
6.5.97
Heard . Issues are framed . To fix 11.6.97 for taking steps for discovery.
11.6.97
Plaintiff files hazira. Defendant files a petition for time to take steps for discovery . Heard ld lawyer for
plaintiff . Fix 28.7.97 for petition hearing . Discovery if any in the meantime.
28.7.97
Plaintiff files hazira along with power. Defendant files hazira. Pettion hearing is taken up for hearing.
P.W 1 is examined and cross examined in part. Documents marked exhibit. To fix 21.8.97 for futher
hearing.
21.8.97
Parties are present. P. W NO.1 IS FURTHER CROSS EXAMINED IN PART. To fix 11.9.97 for further cross
examination .
4.9.97
Parties are present . further hearing is resumed . P.W no 1 is further cross examined . Plaintiff files
document with report . Parties file petitions for an adj. Of hearing . Heard . Prayer is considered.
To fix 18.9.97 for further hearing. Heard in part . To fix 18.9.97 for further injunction hearing also.
10.9.97
On petitioner’s prayer , issue summon upon the parties.
18.9.97
Defendant files hazira. Plaintiff files a petition or an adj of hearing copy served. Heard prayer and
considered and allowed. To fix 19.11.97 for further hearing.
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19.11.97
Parties are present. Case is taken up for hearing . P.W -2 IS EXAMINED IN PART . At this stage plaintiff
files a petition for an adj. Of hearing . Heard prayer. To fix 29.11.97 for further examination.
29.11.97
Defendant files hazira. Plaintiff files a petition for an adj of hearing . Copy served . Heard prayer is
considered and allowed. To fix 15.12.97 or further examination.
15.12.97
Both parties file hazira. Further hearing is resumed . P.W no.2 futher examined and cross examined .
Documents marked exhibit 1/H . At this stage defendant files petition or adj. Of heaing. Heard prayer
and considered.. To fix 5.1.98 for petition hearing.
5.1.98
Parties are present. Further hearing is resumed. P.W NO.2 is examined and cross examined in part.
Document marked exhibit. To fix 6.1.98 for further evidence.
6.1.98
Parties are present. Further evidence is resumed. P.W NO. 2 is further cross examined. Document
marked exhibit. At this stage plaintiff files petition for adj of hearing . Heard prayer and is
considered.and allowed. To fix 28.1.98 for further hearing.
28.1.97
Defendant files hazira. Plaintiff files a petition for adj of hearing . Copy is served and objected to. Heard
prayer and considered. To fix 19.2.98 for petition hearing.
9.2.98
Plaintiff files a petition for issuing summons upon the parties. But T.A not paid . Summons to witness
will be issued on defendants.
11.2.98
Plaintiff files a T.A slip . Let it be kept with the record.
19.2.98
Parties are present . To fix 11.3.98 or further hearing as a part chance. Plaintiff to file cost of witnesses.
11.3.98
Parties are present. Perceived a report letter from add dist. To file documents. To fix 23.3.98 for
further hearing.
23.3.98
Parties are present . Case is taken up for further hearing . P.W no 3 examined and cross examined.
P.W no 4 is examined and cross examined in part. Document marked exhibits. At this stage defendant
files petition for adj of cross examination . Heard prayer is considered and allowed. To fix 18.4.98 for
further hearing.
Petitioner file cost of witnesses , copy served. Let it be kept with the record.
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994
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7.4.98
Parties are present . P.O is on leave . To fix 11.5.98
11.5.98
Parties are present . P.O is under order of transfer. To fix 30.5.98 for petition hearing
30.5.98
Parties are present . P.O is under order of transfer. To fix 2.7.98 for petition hearing.
2.7.98
Parties are present . P.O is on leave . To fix 26.8.98 for petition hearing.
26.8.98
Defendant files hazira. Plaintiff files a petition for an adj of petition hearing . Prayer is considred and
allowed. To fix 2.12.98 for petition hearing.
2.12.98
Defendant files hazira. Plaintiff files a petition for an ajd of hearing on the ground stated . Talk of
compromise and allowed. To fix 21.1.99 or compromise the suit for further heaing.
21.1.99
Both parties file hazira. P.O is engagaed. To fix 5,3,99 for further hearing.
5.3.99
Parties file hazira. P.O is engaged. To fix 3.5.99 for further hearing.
3.5.99
Both parties file hazira. P.O is enaged . To fix 5.6.99 for futher hearing.
5.6.99
Parties file hazira. P.O engaged . To fix 7.8.99 o further hearing.
7.8.99
Parties file hazira. To fix 4.10.99 for petition hearing.
11.10.99
Plaintiff files a petition for an adj. Of further hearing. Copy served. Heard prayer. To fix 16.12.99 for
further hearing.
16.12.99
Parties file hazira. Lawyers are not available. To fix 2.2.2000 for petition hearing.
2.2.2000
Parties file haziras. To fix 31.3.2000 for further rhearing.
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31.3.2000
Lawyers are not participating in court due to cease work. To fix 2.6.2000 for petition hearing.
10.5.2000
Defendant files a verified a petition for grant of probate of the court rule. Copy served and no
objection . Let it be kept with the record. To date for order.
2.6.2000
Plaintiff files hazira. Petition dated 10.5.2000 files by defendant . Praying for granting of prelude of
the rent . Petition is taken up heard . Both sides To 14.6.2000 for order .
14.6.2000
Order is not ready . To fix 22.6.2000 for order.
22.6.2000
This is a suit praying for grant of probate of the will of the defendant. That the suit be decreed on
consent . The probate of the will , with a copy of the same be given to the plaintiff by this decree .
25.7.2000
Plaintiff files a petition along with a court fees of Rs, 10000 for issuing probate. . Issue of probate
accordingly.
4.8.2000
Probate sealed and signed this day.
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Case No. 19
Sl. No.
1. Nature or type of suit T.A 125/94 ,Class 1
2. Filed on 13.4.94
3. Filed in which court District court Alipore
4. When it was initiated 10.5.94
5. When was the act of judgement 16.4.98
6 How much time 4
7. What was the result Dismissed on contest
8. Filed by Plaintiff : Usha Kanta Chattopadhyay
Defendent: Sandhya Rani Sardar
13.4.94
Register court fees due Rs. 997. But paid Rs 100 only. Prayer of the appellant , time is allowed till
10.5.94 for filing DCF. This suit is regarding a deed of gift that has been alleged deed of gift vitiated by
frauds. The defendants conspired to get the deeds executed and registred.
10.5.94
As per resolution of the Bar , the lawyers will not participate in the court proceedings. The court is
adjourned to 8.6.94 appearence of deft and steps.
8.6.94
Court fee is paid of Rs. 200 . On prayer of the appellant , time is allowed till 30.6.94 for filing DCF
postitively.
30.6.94
DCF of Rs. 200 paid. On prayer of the appellant time is allowed till 27.7.94 for filing proper DCF
27.7.94
DCF (Deposit court fee) paid Rs. 200 only . On further prayer of the appellant time is allowed till 11.8.94
for filing DCF.
11.8.94
DCF is not filed . Appellant is directed to show cause by 30.8.94 as to why the appeal shall not be
dismissed.
30.8.94
DCF paid Rs 297.50 in full. Requisites put in. Admit the appeal . Issue the same fixing 17.11.94 for S/R
AND a/d . Petition hearing at once.
17.11.94
Notice upon all the respondent not yet released . However respondent no 1 appear by power . To fix
5.1.95 in return of notice of report no 5 to 7.
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5.1.95
Respondent no. 5 to 7 appears by power . Respondent no 1 to 4 already appeared . To fix 20.1.95 for
s/r.
20.1.95
Lower court not yet issued from the court . To fix 20.1.95 for further order after release of LCR.
24.2.95
LCR already received . Appeal is ready for hearing.
6.3.95
Received record from ld. District judge by transfer for disposal. To fix 15.5.95 for hearing the appeal.
15.5.95
Ld. Advocate of both the parties are present . Respondent no 1 has filed a petition praying for
adjournment. On the ground stated therein. Copy served and no objection raised.
The appellant has filed a petition praying for transposition of pro respondents no.s 5 to 8 and has put
another petition praying for amendment under order 6 rule 17 of the CPC Code. The respondent no.1
may file objection , if any , against this petition in the meantime . Under the circumstances , the prayer
for adjournement as filed by the respondent is allowed. Pending disposal of these two petitions. The
name is taken off from the peremptory hearing.
1.7.95
Resp. Appear by power and fills objection against the petition. The application is taken up for hearing.
To fix 31.7.95 as next date for petition hearing.
31.7.95
Order not ready . To fix 21.8.95 as next date for hearing.
21.8.95
The record is taken up for hearing today for passing order regarding the petition filed u/o rule 10(2)
cpc filed by the pro respondents praying for transposition . Thus the next date fixed for hearing these
petitions is 20.9.95
20.9.95
Both parties files hazira. Appellant files a petition and praying for hearing of the appeal. Prayer is
allowed . To fix 24.11.95 for hearing of the appeal.
24.11.95
Respondent has filed hazira. The appellant again has filed a petition praying for time. On the ground
of difficulty of the advocate. Copy served and objection raised. . Prayer is allowed . To fix 19.1.96 on
hearing of the appeal without trial.
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19.1.96
The respondents have filed hazira. The appellant filed a petition under order 41 rule 27 CPC praying
for accepting the certified copies of the deed as additional evidence. The appellant has also filed
another petition under order 26 rule 9 of the CPC praying for local investigation on the ground stated
therein. The appellant has filed another petition under or 6 rule 17 of the cpc code praying for an
amendment on the ground stated therein. Copies of all those petitions were served. The appellant has
filed another petition praying for deferring the hearing of the appeal till the disposal of those petitions.
Heard both sides in the matter. Considered. The learned advocate has serious objection . I have
considered the entire matter. It is unfortunate that although the appeal is pending since 1994 still the
appellant has preferred to file those three mentioned petitions after a long delay. So unless these
petitions are heard , the case cannot be proceeded. The judge also understands that the respondent
is harassed , thus a cost of Rs. 100 is paid. The appeal is taken off from peremptory hearing. To fix
25.3.96 for petition hearing.
25.3.96
Both parties file hazira. Appellant also files one receipt showing payment of cost of Rs. 100 by proper
firisti. Respondent files petitions of objections against the petitions . Copies to be served.
Subsequently appellant’s prayer be allowed and adj .
15.5.96
Both the parties file haziras. The judge will be going on leave for today to high court . Next date to fix
3.7.96 for further hearing .
3.7.96
Respondents files hazira. Appellant pays adjournment . This prayer is allowed. This is the last chance.
To fix 20.8.96 all the three petitions filed by the appellants with objection.
20.8.96
Appellant files hazira. On the prayer of the resp. Adj is allowed till 21.9.96 .
21.9.96
Both the parties file haziras. Subsequently on the prayer of the appellant , adj is given till 3.12.96 filed
by appellant.
3.12.96
Both the parties file haziras. Lawyers donot participate in the court proceedings. The case is adj. To fix
21.1.97 for petition hearing.
21.1.97
Both the parties file haziras. P.O is transferred . Thus adj till 12.3.97 for the three petition hearing.
12.3.97
Both the parties file hazira. The petition filed by the appellants is taken up for hearing alonwith the
objections filed herewith. Heard lawyers in full.
Heard the lawyers in full and separately.
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The first petition filed by the appellant says that he has prayed to allow him to advance additional
evidence.
In the second petition the appellant prayed for amendment of various paragraphs in the palint.
Inthe third petition the appellant has prayed for appointing a survey commissioner under order 26
rule 9 cpc to investigate and report after comparing in the building plan with the structure on plot
no.31 and to opine as wherein the same house was entered according to sanctioned plan.
All the three prayers were rejected after perusal.
30.4.97
Respondent 1 to 4 file hazira. Appellant files a petition for adjournemetn of hearing on the ground as
stated therein. Heard and considered . The prayer is allowed. To fix 16.6.97 to hear appeal.
16.6.97
Respondent no 1 to 4 file haziras. Appellant files a petition. Adj is allowed at a cost of Rs. 50. To fix
19.7.97 to be filed for hearing of appeal.
19.7.97
The respondents file hazira. The appellant prays for further time for hearing of appeal on the ground
stated therein. The appellant has moved the hindu court for revision of earlier orders. The appellant
allowed last chance on 16.6.97 and a cost was awarded against him. However in view of the facts
stated above , the hearing is adjourned as special chance. Cost of rs. 100 must be paid to the
respondent. To fix 3.9.97
3.9.97
Resp. 1 to 4 file haziras. Appellant files a petition and adj. In the ground stated therein. Copy served
and objected to. Both sides considered. The prayer is allowed. To fix 24.11.97 for further hearing. No
adj will be given from next time.
24.11.97
Respondent files hazira. Appellant files petition for adj. The prayer is allowed . To fix 8.1.98 for hearing
of appeal and rs. 200 to be paid to the respondent.
8.1.98
Respondent no 1 to 4 files hazira through advocate. Appellant files a petition praying for another date
for petition hearing of the Title appeal. Prayer is allowed. To fix 13.2.98 for hearing o the appeal.
13.2.98
The appellant again prays for adj. Of the hearing. It is submitted that the revisional application is
rejected for hearing and only 15 days and time is allowed. The cost is awarded earlier have been paid
according to the ld. Counsel for respondent.
The prayer for adj . is allowed for ends of justice. Cost of Rs. 100 . To fix 7.3.98 for hearing appeal.
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7.3.98
Both the parties file hazira. The appellant files for adj. The prayer is considered . To fix 20.3.98 is
allowed and no further adj will be done.
Both parties files hazira. The appeal is taken up for hearing . Heard lawyer in part. Appellant asked for
adj. Till tomorrow.. To fix 21.3.98 for hearing further appeal.
21.3.98
Both the parties file hazira But lawyer donot take part in court’s proceedings. Case is adjourned. To fix
4.4.98 for further hearing of appeal.
4.4.98
Both the parties file hazira. The appeal is taken up for further . Heard learned lawyer of both sides in
full. To fix 16.4.98 for delivery of judgement.
16.4.98
Judgement passed separate sheets pronounced in open courts with the record. The appeal is
dismissed in contest.
23.4.98
Decree sealed and signed this day.
19.5.98
Received copy of order passed in civil order no. 1658/97 dated 27.2.98 . This copy of the order kept
in record.
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Case No.20
Sl. No.
1. Nature or type of suit O.S. 5/90 (First it was 325/88, then the room was changed),
Class 2
2. Filed on 28.4.89
3. Filed in which court District court Alipore
4. When it was initiated 14.1.89
5. When was the act of judgement 8.2.97
6 How much time 8
7. What was the result Petition of compromise heard and disposed off
8. Filed by Plaintiff : Sambhu Nath Biswas
Defendent: Biswanath Biswas
12.10.88
Present N.C Chakraborty
This is an application for the grant of probate of will executed by Sushil Kumar Biswas who died on
20.11.80 . Register. Let the un –regd will be kept in the safe custody of head clerk . Requisites put in .
Issue of special notices fixing 14.1.89 hearing in jurisdiction.
14.1.89
On the prayer of petitioner , to fix 22.2.89 for hearing.
22.2.89
P.O is on leave . To fix 5.4.89 for hearing and order.
5.4.89
To fix 13.5.89 for hearing and order
13.5.89
On the prayer of the said petition , plaint is returned for presentation before the proper court .
3.6.89
On the prayer of the petition , register the application for probate. Affidavit of Assets already filed.
Copy oif the same be filed by 1.7.89
1.7.89
Petitioner takes steps . Issue notice upon the collector . To fix 18.9.89 for valuation report . To fix
18.9.89 for return and order.
6.9.89
One of the near relative already appeared with petition praying for time , filing obj. To date 18.9.89
for order.
18.9.89
On the prayer of one of the near relatives to file for obj.
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18.12.89
On the prayer of the petition to 14.2.90 for taking steps.
14.2.90
OP again files a petition praying for time for filing written objection . Pressed . The case has become
contentious. Let the case be registered as original suit . To fix 4.4.90 for requisites , fees and cause
title.
4.4.90
Cause title along with consent petition with petition filed by the defendants. To fix 16.5.90 for trial of
the suit.
16.5.90
Both parties file hazira. The case is transferred to 5th court of Additional District Judge for disposal.
16.5.90
Received the record by transfer order. To fix 19.6.90 for framing of Issue in presence of both sides.
Suggested issues to be filed in the meantime.
9.6.90
Plaintiff files a petition praying for fixing the date of direct hearing of the suit , without framing of issue
and discovery of the record. To fix 23.7.90 for hearing of the petition.
23.7.90
Plaintiff files hazira. No step taken by the OP/ Respondents. To fix 23.8.90 for hearing the petition .
Copy to be served.
23.8.90
Parties files hazira and suggested . Issue , Copy served . Issue framed . To 23.10.90 for discovery . The
petition of 19.6.90 for file direct hearing of the suit is rejected at this stage .
23.10.90
Petition files hearing . Parties take no steps . To 17.12.90 , for hearing .
17.12.90
Plaintiff files hazira . P.O is on leave . To 29.1.91 for discover of documents.
29.1.91
Petitioner file a petition praying for fixing a date of hearing and also states that he has nothing to
discover of documents except will which has already been filed. Perused the petition. To fix 6.3.91 for
hearing of the petition.
6.3.91
Petitioner files hazira. P.O is in the midst of session trials and other civil appeal. To fix 8 .4.91 hearing
of the suit.
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8.4.91
Petitioner files hazira. P.O is in midst or session trial. To fix 16.5.91 for petition hearing.
16.5.91
Plaintiff files hazira. Respondent file no hazira. P.O is in the midst of sessions trial. To fix 21.6.91 for
hearing the session.
21.6.91
Plaintiff files hazira. Respondent file no hazira. P.O is in the midst of sessions trial. To fix 1.8.91 for
hearing the session
1.8.91
Plaintiff files hazira. Respondent file no hazira. P.O is in the midst of sessions trial. To fix 20.8.91 for
hearing the session
20.8.91
Parties file hazira. Other side not ready for contesting . The suit is taken up for hearing . PW1 is
examined. To fix 11.9.91 for further evidence.
9.9.91
Petitioner files vakalatnama. And files for recalling PW1 and PW2 for further examination with reasons
stated therein.
11.9.91
Plaintiff files a petition praying for an adjournement. Parties file another verified petition praying for
making this petition plaint of the original petition. To fix 30.9.91 for hearing the petition and further
evidence.
30.9.91
Plaintiff files hazira. P.O is busy in pronouncement of judgement. To fix 4.12.91 for hearing .
4.12.91
Plaintiff files a petition praying for adjournment . Heard and considered. To fix 21.1.92 for hearing of
petitions stated therein.
21.1.92
Petitioner files for hazira. And are ready. Heard lawyer . To fix 31.1.92 for order.
31.1.92
Order not ready . To fix 21.2.92 for order.
21.2.92
The judge is busy in trial. Heard the appeal. To fix 6.3.92 for order.
6.3.92
Record is put up for order. The plaintiff has filed a petition praying o recalling PW1 AND 2 for further
exam as the evidence adduced nbybthem is not found satisfactory
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The plaintiff has filed another petition praying for making the said petition as part of original petition.
Perused both the petitions filed by the plaintiff and considered the submission of the learned lawyer
for the plaintiff.
All the petitions are rejected . To fix 21.4.92 for further evidence.
21.4.91
Plaintiff files a verified petition . Praying for necessary order permitting recall of PW 1 and 2 on the
points set out . To fix 19.5.92 for hearing of the petition.
19.5.92
Plaintiff files hazira. Plaintiff files hazira. Respondent file no hazira. P.O is in the midst of sessions trial.
To fix 29.6.92 for hearing the session
29.6.92
Plaintiff files hazira and defendant prayed for adj. Stated thereby. To fix 10.8.92 for hearing of the
petition.
10.8.92
Plaintiff files hazira and petitioner prayed for adj. Stated thereby. To fix 18.9.92 for hearing of the
petition.
18.9.92
Plaintiff files hazira. P.O is on leave. To fix 911.92 or hearing the petition dated 21.4.92
9.11.92
As no lawyer attended court today as for resolution of the bar association , thus case is adjourned. To
fix 2.12.92 for hearing the petition .
2.12.92
Plaintiff files hazira. The plaintiff files a petition with endorsement that advocate for the defendent is
not found praying for adj. To fix 8.1.93 for hearing the petition dated 21.4.92
8.1.93
Plaintiff files a petition praying for adj. For the reasons stated therein. To fix 10.2.93 for hearing the
petition.
10.2.93
Plaintiff files a petition praying for time on the ground stated therein. To fix 22.3.93 for hearing the
petition.
22.3.93
Plaintiff files hazira . Defendant files no hazira and found absent . Hence adj. To fix 22.4.93 for hearing
the petition.
22.4.93
Plaintiff files hazira and ready. Defendant files no hazira nor takes any step. The petition dated 21.4.92
is taken up for hearing. This petition is not pressed by the learned lawyer thus it is rejected.
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15.3.94
Plaintiff filed maximum court fee stamps of Rs. 10000 on 8.3.94 along with firisti and copies of the
will and codicil. The probate is issued , sealed and signed this day.
25.8.94
Plaintiff after getting probate has filed an application of the Indian Succession Act 1925. Seen the
application and the statements of accounts contained in the tin box. Considered. Prayer is allowed .
The tin box containing the statements of the accounts be kept with the record lock and key.
5.5.95
Record is put up today to move a verified application of the deft no 1 praying for recall of order no .56
dated 25.8.94 for the reason stated therein. Heard submission of the deft’s lawyer in whose favour
fresh vakalatnama is being filed. To fix 31.5.95 for filing objection.
31.5.95
Plaintiff has appeared . Fresh vakalatnama is filed and has filed a petition praying for a date for filing
w/o objection. Deft no. 1 has filed hazira. Prayer is allowed.. To fix 23.6.95 or filing objection.
23.6.95
Deft no 1 has filed fresh vakalatnama and has also filed an application supported with annexures and
affidavit u/s 151. Copy served . Plaintiff has filed w/o objection against the petition dated 5.5.95. The
deft 1 also filed an application . for temporary injunction. To fix 3.8.95 for hearing all petitions .
3.8.95
Plaintiff files hazira and written objection against the petition u/s 151 cpc read with sex 332 of Indian
succession act. Copy served. Deft has also filed written objection against the plaintiffs. Ld lawyers of
both sudes being present . The petitions are taken up for hearing.
To fix 1.9.95 for further hearing of the petition.
1.9.95
Both the parties have filed haziras. As ld lawyers of the local bar association are not participating in
court proceeding today , matter is adj. To fix 14.9.95 for further hearing of the petition.
14.9.95
Both parties have filed haziras and ready. Hence adj. To fix 6.11.95 for further hearing of petitions.
6.11.95
Defendants ld lawyer is present . But the plaintiff has prayed for adj. By filing a petition on the ground
of his lawyer. Prayer is allowed. To fix 6.12.95 for hearing the petitions .
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6.12.95
Learned lawyers of both parties being present and all the pending petitions are taken up today for
hearing. To fix 18.12.95 for hearing of plaintiff’s lawyer.
18.12.95
Haziras filed by both the parties and their lawyers are present. To fix 10.1.96 for hearing of the
plaintiff’s lawyer for pending petitions
10.1.96
Deft’s hazira is filed. Plaintiff junior lawyer has prayed for adj. He has filed another verified petition
praying for direction upon the defendants to hand over the possession of properties for the reason
stated therein. Heard submission for adj . To fix 18.1.96 for hearing of plaintiff’s lawyer.
18.1.96
Defendants have filed a petition of w/objection against the plaintiff. Copy served. P.O is busy . To fix
1.2.966 for hearing of all the pending petitions.
1.2.96
Plaintiff has filed a verified petition of counter objection to the objection petition filed by the
defendants. The P.O is busy , to fix 27.2.96 for hearing of the pending petitions.
27.2.96
Both parties file haziras. P.O is busy due to local bar’s resolution. Thus adj. To fix 13.3.96 for hearing
of the petitions.
13.3.96
Plaintiff’s hazira is filed . P.O is on leave . To fix 25.3.96 for hearing all the pending petitions.
25.3.96
Deft no. 1 has filed a verified petition for direction upon the plaintiff to serve the copies of the audited
balance sheet. As plaintiff shall have to file written objection. Prayer is allowed.
To fix 12.4.96 for hearing all the petitions.
12.4.96
Deft’s ld lawyer is present and not pressed two petitions . As those petitions are not pressed, they are
rejected. Plaintiff has filed written objection against the petiion dated 25.3.96 of the deft’s copy.
The petitions of the deft’s along with their written objections are taken up for hearing. Heard both the
ld lawyers. To fix 30.4.96 for order.
30.4.96
Learned lawyers of both sides. The petiion for compromise is filed on 25 496 is heard. Heard both sides
. It is submitted that pending matter be disposed of as per term of compromise which has already
taken effect outside the court . So petition of compromise heard and disposed off.
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Case No. 21
Sl. No.
1. Nature or type of suit T.S 80/98 , Class 1
2. Filed on 20.5.98
3. Filed in which court District court Sealdah
4. When it was initiated 26.10.98
5. When was the act of judgement 28.3.06
6 How much time 8
7. What was the result Petition of compromise heard and disposed off
8. Filed by Plaintiff : Biswaranjan Saha
Defendent: Madhabi Saha and others
20.5.98
Present S.P Chatterjee
The plaint is filed today Registration of the plaintiff is done and summons issued upon the defendant
both by court and by registered post with A/D fixing 28.7.98 for appearance and contesting purpose.
Postal receipt to be filed by the date fixed.
The suit is a suit of partition filed by the legal heirs of the deceased Upendra Chandra Saha .
28.7.98
Plaintiff files no hazira and summon is returned along with registered return and summon. The next
date was fixed for 26.10.98
26.10.98
Plaintiff files hazira with postal receipt for regd. Return and summon. The next date fixed is 4.1.94
Later
The plaintiff files requisites . Let it be kept with the record and put up for the same.
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4.1.99
The return of summon included and sent to Defendant appears by a power along with a prayer petition
for time to file the written statement along with exhibit. Time is allowed till 26.3.99
26.3.99
The prayer is put up for s/r . To fix 23.7.99 for peremptory hearing.
12.7.94
The parties file hazira. The defendant file petition u/s 151. The next date to be fixed is 28.7.99 for
hearing.
23.7.99
Plaintiff files hazira . The defendent file the written statement. Copy is sent and time petition is filed
for objection filing. The next date for hearing 28.9.99 for hearing of petition u/s 151
28.7.99
Plaintiff files hazira. Deft prays for adj. Prayer is accepted for 18.8.99 . The petition u/s 1512 for repair.
18.8.99
Perused the petiion filed by the plantiff praying for repair of the suit premises. I have also gone through
the written objection filed by the defts. This is a suit for partition. The repair work if allowed can give
rise to multiplicity of proceedings. Thus rejected.
28.4.99
The defendants file for petition to allow repair work in the area they reside. Copy served.
To fix 7.1.2000 for next date.
7.1.2000
Thde parties file hazira. The defendant prays for adj. , prayer allowed. The next date fixed for hearing
of petiion is 10.3.2000
10.3.2000
Adj.petition is taken up. Thus court is adj till 26.4.2000 for resolution in bar.
26.4.2000
Ld advocates of both sides. It is submitted by the ld advocate. For deft no 1,2,and 4 that a petition has
been filed on behalf of the defts. Seeking court’s permission to effect repair in the portion occupied
by the defendants . It is submitted that the aforesaid defendants have been residing in that portion.
Also heard the ld. Advocate for plaintiff. Considering that the defts. /petitioners want to effect
necessary repair to make their portion habitable , the petiion is allowed. The defts and petitioner is
given permission to do the repair work.
22.6.2000
Not legible.
21.8.2000
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23.9.02
Plaintiff files hazira . Defendant takes no steps . Defendant files hazira. Perused the prayer for
amendment of W/S . heard both sides. Since the amendment doesn’t change the nature of the suit, it
is allowed. On contest. Let w/s as filed by defendants . To fix 10 12.02 for peremptory hearing of the
suit.
10.12.02
Plaintiff takes no steps . P.O is on leave. To fix 11.2.03 for petition hearing.
11.2.03
Plaintiff files hazira. Deft no 1 to 4 files a petition . Heard ld adv , perused and allowed.
To fix 28.3.03 hearing suit.
28.3.03
Both sides file hazira. Plaintiff files petition praying for time. To fix 15.5.03 for further awarded.
15.5.03
Both parties file hazira . PW1 is examined in cheif in full and cross examined in part. At this stage
defendant files a petition praying time on the ground . To fix 18.6.03 for further evidence.
18.6.03
Neither plaintiff not defendant files any hazira. Plaintiff to show cause as to why the suit shall not
dismissed. To fix 7.8.03 for show cause.
7.8.03
Defendant files hazira. Plaintiff file hazira. With petition for show cause. The petiion is accepted . The
next date fixed being 27.8.03
10.8.03
Plaintiff files hazira. Defendent files petition praying for time. The prayer is allowed and the next date
for further evidence is 11.9.03
11.9.03
Both parties file hazira , the case is taken up for hearing. PW1 is further cross examined in full .
Plaintiff’s evidence is closed . Let another date be fixed for 15.9.03 for evidence on part
15.9.03
Both parties file haziras . Defendant no 4 file amended w/s copy. Defendants no 4 also files for some
documents and firisti.
DW is examined and cross examined . Praying time on the ground stated therein. Prayer is considered
and allowed. To fix 2.12.03 , for further evidence.
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2.12.03
Plaintiff files hazira. Defendant files a petition along with medical bill . Praying time on the ground
stated therein. To fix 11.12.03 for further evidence.
11.12.03
Plaintiff files haziras. Defendants file a petition praying for fresh power. Praying for time on the ground
that a new lawyer is appointed. Considered and allowed. To fix 8.1.04 for further evidence on behalf
of defendant.
8.1.04
Both parties haziras. P.O is transferred. To fix 1.3.04 for further evidence.
1.3.04
Both parties haziras. P.O is transferred. To fix 25.3.04 for further evidence.
20.5.04
Both parties haziras. P.O is transferred. To fix 22.6.04 for further evidence.
22.6.04
Both parties haziras. P.O is transferred. To fix 28.7.04 for further evidence.
28.7.04
Both the parties file hazira through their lawyers. P.O is transferred. To fix 3.9.04 for further evidence.
3.9.04
Both parties haziras. P.O is transferred. To fix 11.10.04 for further evidence.
11.10.04
Both parties haziras. P.O is transferred. To fix 10.12.04 for further evidence.
10.12.04
Both parties haziras. P.O is transferred. To fix 21.1.05 for further evidence.
21.1.05
Both parties haziras. P.O is transferred. To fix 3.3.05 for further evidence.
3.3.05
Both parties haziras. P.O is transferred. To fix 8.4.05 for further evidence.
4.4.05
Both parties file for compromise petition , jointly supported by the affidavits , praying to pass order
on compromise , in terms of compromise petition. Put up date is fixed.
8.4.05
Both parties haziras. P.O is transferred. To fix 25.4.05 for hearing of compromise petition filed on
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4.4.05
Both parties haziras. P.O is transferred. To fix 18.5.05 for hearing of compromise petition filed on
4.4.05
18.5.05
Both parties haziras. P.O is transferred. To fix 22.6.05 for hearing of compromise petition filed on
4.4.05
22.6.05
Defendant files haazira. P.O is transferred. To fix 12.7.05 for hearing of compromise petition filed on
4.4.05
12.7.05
Both parties haziras. P.O is transferred. To fix 18.8.05 for hearing of compromise petition filed on
4.4.05
18.8.05
Date is fixed for hearing of compromise petition. Both parties file hazira. Ld. Counsel for defendants
submit that defendant no 5. Under stated fact and circumstances compromise petition in it is present
cannot be disposed of plaintiff to take necessary steps. To fix 25.8.05 for hearing following steps by
plaintiff.
25.8.05
Date is fixed for steps.
Both sides are present seeking substitution of deceased defendant no 5 by his legal heirs. Heard both
sides. These legal heirs have stepped into the shoes of their predecessor in interest of late defendant
5 who was a party to the compromise petition dated 4.4.05 . Petition is accompanied by an affidavit.
The prayer is heard and considered part of compromise petition. Case is taken up for hearing
compromise petition. Plaintiff and defendant examined and cross examined is declined . Hearing is
considered. Heard perused . Considered and the compromise petition is considered legal and valid.
That the suit be and the same is decreed in terms of compromise petition .
21.9.05
Decree is signed and sealed on this date.
5.1.06
Plaintiff files a petition . Put up the record before ld court. Considered . Put up the record . Plaintiff
prays to pass an order for drawing final decree in terms of preliminary decree. Let the petition be fixed
on 24.2.06
24.2.06
Parties file no haziras. Today is fixed for hearing of petition filed by plaintiff. At the stage the local bar
association has decided to hold function and allowed. In consequence of which the case is adjourned
to 16.3.06 for hearing of petition filed by plaintiff for drawing final decree.
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16.3.06
Date is fixed for hearing of petition seeking drawing up of final decree. Heard and considered.
Record is taken up for passing order.Hence the instant petition seeking drawing up of final decree. In
view of above facxts and circumstances petition seeking final decree be kept in abeyance for the time
being for the ends of justice. Parties are at liberty to take further steps in view of above order by
28.3.06
28.3.06
Date is fixed for further steps by parties. The suit is decreed finally in terms of compromise petition .
THE COMPROMISE PETITION and the map be made part of the final decree . Parties are directed to
file necessary stamp paper for drawing up of the final decree at once.
Case No. 22
Sl.
No.
1. Nature or type of suit T.S 119/83 , Class 1
2. Filed on 16.4.83
3. Filed in which court District court Alipore
4. When it was initiated 12.12.83
5. When was the act of judgement 20.6.96
6 How much time 13
7. What was the result Petition first decreed on contest, then due to
plaintiff’s non compliance behavior with
court’s order, the decree is rejected.
8. Filed by Plaintiff: Jitendra Kr. Nath
Defendant: Subrata Nath
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16.4.83
Parties file hazira. Registred issue of summons upon the defendants fixing 18.12.83 on contest.
12.12.83
Defendants appear by power and files an application w/s 151 cpc supported by affidavit. Copy served
and objected to.
15.12.83
Plaintiff files objection to the petition u/s 151 cpc . Copy received. To file 16.1.84 for hazira of the
petition/s 151 cpc
20.12.83
18th being holiday . Record is put up . Deft files a petition praying for time to file w/s. Time is allowed
till 7.1.84
16.1.84
Parties file haziras. P.O is under transfer. The case is adj. To 16.12.84.
17.1.84
Plaintiff files hazira. On the application of the deft , put up on 9.2.84 for filing w.s.
9.2.84
Present Sri S. Raha
Plaintiff file hazira. On the application of the deft, put up on 2.3.84 for further W.S. No S/R of the
petition.
16.2.84
Parties file haziras. P.O is on transfer . As there is no time , the case is adj. To 12.3.84 for hearing of
petitions.
Sri K.K Kundu
2.3.84
Plaintiff file hazira. Deft no.26 file W.S . Copy served. Let the W.S filed by the defts. Put up on 15.3.84
for waiting for the reutnr of summon upon the defts. 1,2,4 and 5
12.3.84
Both sides filed their haziras through respective lawyers. The suit is taken up for hearing. The petition
is allowed in part and is ordered to the defts to take steps accordingly. No cost today.
15.3.84
Summon served on the defts 1,2,4,and 5 but they didnot appear. To fix 11.4.84 for settlement of issue.
Documents to be filed accordingly in 7 days.
11.4.84
Heard . Received petition accordingly . Issue settled . To fix 17.5.84 for taking steps for discuss,
interrogatories and impetus etc.
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17.5.84
Plaintiff files a petition u/o 11 r12 . CPC prayer for directing the deft to discuss the documents on oath.
Copy not served . Plaintiff is directed to serve the copy to the petitioner by 12.6.84
Later
On application of the deft , put up on 12.6.84 for taking stpes.
12.6.84
Deft file hazira . Plaintiff’s petition dated 17.5.84 for directing the deft to discover the documents is
put up. Copy served . Prayer is allowed. Deft is directed to discover the documents on oath by 5.7.84
5.7.84
Plaintiff files hazira. Deft no .3 swears an affidavit as to documents u/o 11 r 13 cpc. Copy served . Let
it be kept with the record. Plaintiff is to take steps for discovery of documents by 6.8.84
6.8.84
Deft file hazira. Plaintiff has sworn an affidavit as to documents. Copy served. To fix 15.9.84 for S.D.PH
(Settling date of peremptory hearing
15.9.84
Diary is congested. To fix 22.12.84 for S.D.P.H
22.12.84
Diary is conjested. To fix 23.2.85 for SDPH
23.2.85
Diary is conjested. To fix 4.5.85 for SDPH
11.4.85
Defts file an application to put order of injunction on plaintiff along with affidavit. Supported by an
affidavit prayer for passing order on defendants. To fix 15.4.85 within 1pm for service of urgent
requisites anf if the same are not paid within time , the injunction petition shall stand dismissed
without any further reference.
15.4.85
No requisites appear to have been files by the defendants. In view of the prder no .20 dated 11.4.85
the petition for injunction filed for defendants stand dismissed. Record need not be put up on 27.4.85
19.4.85
Record is put up . It appears that the defendants prayed for injunction and it requires modification . It
is modified and put up , hence injunction will be put to effect on all plaintiffs. Accordingly the adj.
Dated 15.4.85 stands vacated. To fix 2.5.85 for filing objection by the plaintiffs . The petition u/s 151
cpc is allowed.
2.5.85
Defendants file hazira. To fix 21.5.85 for hearing of the injunction matter.
4.5.85
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221
1018
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Later
After above order is passed . Defts file petition praying for adj.
Later
Misc 18/87
u/o 9 Rule 9 w.s. 151 of cpc.
This is an application u/o 9 rule 9 that with section 151 of cpc filed by the plaintiff / petitioner with
payer to vacate the adj. Dated 21.4.87 dismissing the petition. To fix 5.5.87 for filing requisites.
5.5.87
Petitioner files a petition with a prayer for time to file requisites. Prayer is allowed. To fix 10.6.87 for
filing requisites.
10.6.87
No steps taken by the petitioner , petition is directed to show cause by 10.7.87 as to why misc case
shall not be dismissed for default.
18.6.87
Requsites filed along with process fee.
10.7.87
The petition filed by the petitioner on ground stated therein . To fix 2.11.87 for return of summons.
Later
Petitioner is directed to take steps.
2.11.87
Hazira filed through learned lawyer . Issue of notice upon the O.P through court . To fix 23.12.87 for
return.
23.12.87
No steps taken by the petitioner. To fix 15.2.88 for return and steps.
15.2.88
Seen return of notice. A petition under order 5 rule 20 of cpc has been filed by the petition . Put up on
9.4.88
9.4.88
Petitioner files hazira through adj. Record is taken up for hearing of the petition u/o 5 rule 20 of CPC.
Heard and considered. Prayer is allowed.
3.5.88
Requisites put in. Issue notice upon the defendant accordingly. To fix 4.7.88
4.7.88
Hazira filed on behalf of the petitioner . P.O is on leave till 2.8.88.
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2.8.88
Hazira filed on behalf of the petitioner . Received service of the notice . Plaintiff to take better step for
service of notice. To fix 8.9.88
8.9.88
Hazira filed in behalf of the petitioner . Received notice . To fix 26.11.88 for exparte hearing.
20.11.88
Hazira file on behalf of the petitioner . It is ordered that the misc case under 9 R 9 cpc be allowed
exparte without cost . The original suit be restored to its file and number at stage where it was
dismissed for default and the petitioner.
16.12.88
The issue is taken and ex parte is allowed without cost. The original suit is restored. The petitioner is
directed to serve notice to defts. By 2.2.89
2.2.89
The summons are served to the defts.
To fix 23.3.89 for hearing.
23.3.89
Plaintiff files hazira along with postal receipts . Summons to defts are served. No postal A/D against
no.1 and 6
Defts no.1 ,3 and 6 appear by filing a petition with a prayer for time to take appropriate steps.
Considered and to fix 17.4.89 for taking steps.
17.4.89
Plaintiff files a petition with a prayer for taking steps . Prayer is considered and allowed. To fix 17.5.89
for taking steps.
10.4.89
This is an application filed by petitioner . Register it as misc case. To fix 25.4.89 for requisites.
25.4.89
Petitioner files a petition. With prayer for time. P.O is transferred. To fix 22.6.89 for requisite.
17.5.89
Plaintiff files a petition u/o 5 rule 20 cpc. Praying for an order for substituted service of summons. To
fix 14.6.89 for hearing of the petition.
14.6.89
Plaintiff files hazira. Plaintiff petition dated 17.5.89 is taken up for hearing. Prayer accepted for plaintiff
. To fix 25.7.89 for filing requisites u/o 5 rule 20.
22.6.89
Misc 16/89
223
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Petitioner file a petition with prayer for time to file requisite . To fix 20.7.89 for requisites.
20.7.89
Requisites put in issue.Summons u/o 5 rule 20 CPC upon the defts. To fix 11.9.89 for order awaiting
returns.
11.9.89
Plantiff files hazira . Summons upon the defts duly served . To fix 27.11.89 for petition hearing.
21.9.89
Misc 16/89
Hazira filed on behalf of the petition . Nonreturns as yet. To fix 14.12.89 for return
27.11 .89
Plaintiff file hazira. Defts file a petition. Praying for adj. Prayer is allowed with cost of Rs. 30. Adj.
10.1.90
14.12.89
Hazira filed on behalf of the petitions . To fix 13.2.90 for return.
10.1.90
Plaintiff fioles hazira. Deft files a petition praying for an adj. At petition hearing. Adj. To 26.2.90
13.2.90
Hazira filed on behalf of the petitioner . O.P no. 1 to 4 appear by filing a petition and prays for prays
supply of copy. To fix 9.3.90 for supply of copy.
26.2.90
Plaintiff files hazira. Defts file a petition praying for an adj. Of hearing of the suit. Adj. To 22.3.90 for
petition hearing of the suit.
9.3.90
Hazira filed on behalf of the person. Copy of application u/o 9 rule 13 of CPC served with objection.
Petition filed on behalf of OP with a prayer for filing objection. To fix 19.4.90 for filing objection
22.3.90
Both parties rfile hazira. The record is taken up for petition hearing. At this stage deft. Files a petition
praying for fixing up a date at petition hearing at the suit after disposal of pending misc case . Heard
both sides and considered.
19.4.90
Petition files hazira. Objection filed by the O.P 1 to 3 . To fix 2.6.90 for petition hearing
2.6.90
Hazira filed on behalf of the O.P . Petitioner files a petition with a prayer for adj. To fix 28.7.90 for
petition hearing.,1
224
1021
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28.7.90
Hazira filed a behalf of the petition along with the PW . The PW is examined is put up . Heard and
considered . Prayer is allowed.
To fix 25.8.90 for further cross examination of PW1.
25.8.90
Both the parties file hazira through their ld. Lawyer . Record is put up . P.O is busy. To fix 17.11.90 for
further cases.
17.11.90
Both the parties file hazira through learned lawyer. The record is taken up for hearing. PW is examined
fully discharged. Petitioner also file a petition with a prayer for adj. To fix 5.1.91 for further evidence.
O.P files hazira. Peitioner files petition with prayer for adj. To fix 23.2.91 for further evidence.
23.2.91
Both parties file hazira through their learned lawyer. P.O is engaged . To fix 23.3.91 for petition hearing
and objection.
23.3.91
Hazira filed on behalf of the OP.P Petitioner files a petition with a prayer of adj.Prayer is allowed. To
fix 27.4.91 for further evidence.
17.4.91
Hazira filed on behalf of the petitioner. Petition prays for further examination of two process server
names of O.P and also for adj. Till 18.5.91 Issue of summons prayed for.
18.5.91
Hazira filed on behalf of OP. Record is taken up for hearing ata the time of petition as been filed on
behalf of the petitioner with a prayer for adjournment of hearing on the ground . Considered. The
prayer of petition is allowed. To fix 22.6.91 for further evidence.
22.6.91
Hazira filed on behalf of the O.P Today is fixed for further evidence. Record is taken up hearing. Deft
prays for a date for argument on the ground stated therein. The prayer of Deft. Is considered. To fix
20.7.91 for argument.
19.7.91
Petition filed on behalf of deft. . With a prayer for re issue of summon , the prayer of deft. is allowed
20.7.91
Hazira filed on behalf of the petition as well as deft. Deft. Files petition to adduce evidence. Heard
learned advocate, considered and prayed. Deft no. 2 fies a petition for time and time is allowed till
27.7.91
225
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27.7.91
Hazira filed on behalf of the petitioner as well as OP. The court corss examined the parties in full . To
fix 17.8.91 for argument.
17.8.91
Both parties file haziras. The case is pending for argument. Heard argument. At this stage petitioner
files a petition praying for an adj. Prayer is accepted. To fix 7.9.91 for further hearing of the argument.
7.9.91
Both parties are present. Heard argument of both parties. To fix 28.9.91 for order.
28.9.91
Order is ready . To fix 5.10.91 for order.
5.10.91
The record is put up for order. The contention of the petitioner is that T.S No. 119 of 1963 which was
dismissed for default has been restored to file on the basis of MISC Case No. 18 OF 1987 filed by
opposite parties No. 1,2,and 3. Their further contention is that they never received the summons and
notice. They were not aware of the misc case no.18 and it was heard in ex parte They have further
contended that the opposite parties suppressed the service of notice of the said Misc case no 18. Thus
the Misc case No. 16 of 1989 is allowed on contest with the cost of 200 to be paid to petitioners to
the opposite parties.
15.2.92
OP files a petition praying for an order to fix a date of hearing of the Misc case no 18/87 on the grounds
stated therein. Let the petition be kept with record.
29.2.92
The record is put up on the prayer of the deft. Head the learned lawyer for the OP is Misc 16/89 To fix
14.3.92 for hearing of the misc case .
14.3.92
Applicants files a petition srating that he has deposited Rs 200 by chalan as cost
Later
Petition files hazira. Deft . files a petition praying for service the copy to defts. Prayer to serve copy
upon the O.P at once. To fix 25.4.92 for objection by the OP
25.4.92
Petitioner files hazira. O.P files a objection today . Copy served and objected to. To fix 23.5.92 for
petition hearing of the misc case.
23.5.92
Both parties file hazira. P.O is busy. To fix 20.6.92 for petition hearing.
20.6.92
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Parties file hazira. Petitioner files a petition praying for injunction supported by an affidavit. To fix
1.8.92 or hearing the petition.
1.8.92
Both parties file hazira. Application with 151 cpc is marked as exhibit A on admission tendered by ops.
At this stage , petitioner files for adj. And prayer is allowed. To fix 8.8.92 for further hearing.
The prayer of injunction is allowed and disposed of.
8.8.92
Parties file hazira. Case is taken up or hearing argument at his stage on O.Ps prayer adj to 22.8.92 for
argument of the Misc case.
22.8.92
On plaintiff’s prayer adj. To 21.11.92 for hearing of the petition.
21.11.92
There is no delay in the matter of filing the instant petition , that the misc case be and the same is
allowed on cost of Rs. 100 . Let the suit be restored to its original file and number.
8.1.93
Petitioner files a petition along with copy of challan showing payment of Rs. 100 as cost of misc case ,
praying for fixing time for hearing of the suit. To fix 11.3.93 for steps by the parties.
11.3.93
Plaintiff files a petition praying to take steps on the ground stated and is allowed. To fix 11.5.93
11.5.93
Plaintiff files a petition praying to take steps on the ground stated and is allowed. To fix 15.6.93
15.6.93
Plaintiff takes no steps. To fix 3.8.97 for steps.
3.8.93
Plaintiff files a petition , praying for time to take steps. To fix 23.9.93 for steps.
23.9.93
Plaintiff files a petition praying for time to take steps on the ground stated therein and is allowed. To
fix 13.12.93 for steps.
13.12.93
Plaintiff files a petition praying for time to take steps on the ground stated therein and is allowed. To
fix 23.3.94 for steps
23.3.94
Plaintiff files a petition praying for time to take steps on the ground stated therein and is allowed. To
fix 29.4.94 for steps
29.4.94
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1024
125736/2019/NM
Plaintiff takes no steps. Due to cease work the case is adj. To 9.6.94 for steps
9.6.94
Plaintiff files hazira. No return as yet. To fix 3.8.94 for order.
3.8.94
Plaintiff files hazira. No return as yet. To fix 27.9.94 for order.
27.9.94
Plaintiff files hazira. No return as yet. To fix 23.12.94 for order.
23.12.94
Plaintiff files hazira along with postals praying for time to file w/s on the ground stated therein . to fix
3.2.95 for w/s .
3.2.95
Plaintiff files files hazira. Deft files petition praying for time to file w/s on the ground stated therein.
To fix 14.5.95
14.3.95
Plaintiff files files hazira. Deft files petition praying for time to file w/s on the ground stated therein.
To fix 20.4.95
20.4.95
Record is put up but record is misplaced. To fix 4.8.95 for w/s
4.8.95
Plaintiff files hazira. No steps taken. To fix 14.9.95 for filing w.s
14.9.95
Plaintiff files hazira. Defts files a petition files for time to file w/s on the ground stated therein . It
appears from the record that the defts already filed w/s To fix 17.11.95 for petition hearing .
17.11.95
Plaintiff files hazira. Deft files a petition praying for adj. At petition hearing. To fix 15.12.95 for petition
heaing
15.12.95
Plaintiff files hazira. Deft file a petition praying for adj. And prayer is accepted. To fix 11.1.96 for
petition hearing as last chance.
11.1.96
Both parties file hazira. The suit is taken up for hearing. pw 1 is examined in chief , deft prays for ADJ.
To fix 13.2.96 for further hearing of the suit.
13.2.96
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Both parties file hazira. The suit is taken up for further hearing. PW1 is further examined for hearing.
At this stage he also files a petition for adj. Further. Adj. Is allowed. To fix 19.2.96 for further hearing
of case.
19.2.96
Both parties file haziras. PW1 is further cross examined . At this stage plaintiff files a petition for adj.
For further hearing. Heard and prayer is allowed. To fix 1.3.96 for further hearing.
1.3.96
Both parties file hazira. The suit is taken up for further hearing. At this stage plaintiff files a petition
for adj. For further hearing. Heard and prayer is allowed. To fix 13.3..96 for further hearing
13.3.96
Deft. Files hazira. Plaintiff files a petition praying for time . Heard and prayer is allowed. To fix 26.3.96
for further hearing of the suit.
26.3.96
Both parties file hazira. The suit is taken up for further hearing . P.W 2 is examined and cross
examinedin full. Deft prays for adj. Heard the prayer and adj allowed. To fix 10.4.96 for further
rhearing of the suit.
10.4.96
Both parties files haziras. The suit is taken up hearing. DW1 is examined in chief and cross examined.
At this stage deft files a prayer for adj. Heard and considered. To fix 22.4.96 for further rhearing of the
suit.
22.4.96
Both the parties file hazira . P.O is busy. To fix 15.5.96 for further hearing of the suit.
15.5.96
Present Shri Kanchan Chatterjee
Both parties file hazira. The suit is taken up for further hearing . At this stage Deft files a petition
praying for adj. At further hearing at the suit of the ground stated therein. Prayer adj is allowed. To
fix 5.6.96 for argument and for further incidence if any.
5.6.96
Both parties file hazira. The suit is taken for arguments. At this stage deft files a petition praying for
adj. Of further hearing of the suit. Prayer for adj. Is allowed. To fix 11.6.96 for argument.
11.6.96
Both parties file haziras . The suit is taken up for argument. Heard both sides. . To fix 20.6.96 for
delivery of judgement.
20.6.96
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Judgement is ready and pronounced in open court.. Thus the suit be and dame is decreed on contest
against defts.
1.7.96
Decree is prepared , sealed and signed today.
7.12.96
Plaintiff files a petition for getting back all the documents . Let it be kept with record.
11.12.96
The petition dated 7.12.96 filed by plaintiff for getting back all the documents is put today. Prayer is
allowed. Next day fixed is 20.1.98
20.11.98
Plaintiff files hazira. Notice not yet received after service. To fix 4.1.99 awaiting return and A/D , postal
receipt to be filed.
4.1.99
Plaintiff files hazira. Notice not yet received after service. To fix 20.2.99 awaiting return and A/D ,
postal receipt to be filed.
21.4.99
Plaintiff files hazira. A/D not yet received. Plaintiff has not yet filed postal receipts. He is directed to
show cause by 11.6.99 as to why his fixed decree petition shall be rejected.
11.6.99
Plaintiff has not filed hazira nor postal receipts. He has not shown show cause in compliance with
court’s order. Hence the petition for the final decree dated 24.6.98 is rejected.
Sl. Reason for Adjournment Number of Total Duration of
No. Adjournments Adjournments
1 Court functioning 25 43
2 Presiding officer busy 4 6
3 Presiding officer on transfer order 4 4
3 Presiding officer on leave 1 1
4 Request by defendant 16 24
5 Request by plaintiff 22 36
6 Both parties absent
7 Defendant absent
8 Plaintiff absent -
9 Awaiting order/instructions from High Court - -
10 Scheduling error/holiday declared/strike 1 1
11 Adjourned for passing judgement
Case No.24
Sl.
No.
230
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1. Nature or type of suit T.S :60/2006 (class 1 ) first it was T.S 100/2001
then the room got changed)
2. Filed on 5.7.2001
3. Filed in which court District court Alipore
4. When it was initiated 9.7.2001
5. When was the act of judgement 5.3.08
6 How much time 7
7. What was the result Order is decreed on ex parte.
8. Filed by Plaintiff : Gita Rani Dalai and others
Defendent: Shankar Dalai and others
5.7.01
Plaintiff’s case in nutshell is basically that he is the predecessor of defendant no. 1 who died leaving a
certain property under the provision of the West Bengal land reforms act 1955 , and with possession.
Defendants have no right , title and interest over the said property , inspite of that they are trying to
encroach the suit property and disturb plaintiff’s possession therein . Accordingly instant suit has been
filed. Defendants no. 1 and 2 have contested the instant suit by filing written statement . They have
denied all material allegation as made in the plaint , case of the defendants in short were in possession
of the suit property . Further case of the defendants is that Plaintiff’s predecessor obtained the
property by way of misrepresentation . Thus defendant 1 has filed an application to get part of suit
property . Plaintiff cannot get decree on the basis of fake patta.
This suit is presented . This is a suit for declaration of title and injunction. Perused the valuation
statement. Prerequisites filed and sent for registered A/D . Thus fixing 27.8.01 for ascertaining contest
of suit filed on 30.7.01
9.7.2001
The record is put up on prayer of plaintiff . Plaintiff files document as per list. Let it kept with record.
The injunction petition is moved for issuance of an order of interim injunction. Perused and
considered the injunction petiion along with the plaint and documents are filed.
20.10.2001
Plaintiff files hazira. Deft takes no steps. To fix 4.1.2002 for steps
4.1.2002
Plaintiff files hazira. Deft files petition for vacation of petition of injunction , showing cause . To fix
7.2.2002 for expenses.
7.2.2002
Plaintiff files hazira. Deft files petition for time. It is rejected. To fix 27.2.2002
27.2.2002
P.O is transferred . To fix 12.6.2002
27.5.2002
Plaintiff files a petition praying for adjournment of exparte hearing on the ground stated therein.
Defts file three petition , one for showcause and delay. Another for exparte. Both petitions rejected.
231
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12.6.2002
P.O is transferred . To fix 14.8.2002.
19.8.2002
P.O is transferred . To fix 18.12.02
18.12.2002
Due to cease work declared , court is adjourned. To fix next date as 17.3.03
17.3.03
P.O is transferred. To fix 19.5.03
19.5.03
Plaintiff files hazira. To fix 23.7.03
23.7.03
Both parties file hazira. Deft file WS affidavit praying for vacating petitions. Heard and accepted. To fix
25.8.03
25.8.03
Both parties are present for hearing. To fix 10.9.03 for show cause, now the petition is taken up for
hearing. Both parties are heard and the case is disposed off. To fix 23.9.08 for filling of documents ,
discovery etc
10.9.03
Both parties files hazira. Defts file a petition praying for amendment of WS . Deft files the answer . To
fix 16.12.03
23.9.03
Plaintiff files hazira. Deft takes no steps. To fix 16.12.03
16.12.03
P.O is on leave. To fix 11.3.03
11.3.04
Deft files hazira. The petition is taken up for hearing.
Heard both sides and considered . To fix 31.3.04 is kept for hearing.
31.3.04
Deft files hazira. Requisites file by the petitioner . To fix 3.6.04 for S/R , P/H. To fix 3.5.04 for hearing
of the petition
4.5.04
3.5.04 is a holiday . To fix 8.09.04 for hearing the petition dated 11.3.04
3.6.04
To date 8.9.04 for SR AND PR
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11.11.2004
The record is put up today . To fix 7.1.2005 for hearing the petition.
7.1.2005
The deft file hazira. The plaintiff file hazira with P.R . To fix 3.2.2005 for SR/ PR.
3.2.2005
Parties file hazira. To fix 7.3.05
17.3.2005
The deft file hazira. The plaintiff file hazira with P.R . To fix 27.4..2005 for SR/ PR.
27.4.05
The deft file hazira. The plaintiff file hazira with P.R . To fix 23.6.2005 for SR/ PR.
23.6.05
The plaintiff files hazira. To fix 21.7.2005 for compiled plaint and fresh steps.
21.7.05
The deft file hazira. The plaintiff files a petition praying for steps and compiled plaint. The prayer is
allowed. To fix 17.8.2005 for compiled plaint.
17.8.2005
Today is fixed for compiled palint and steps taken for deft. The deft files hazira. The plaintiff is to
showcause by 24.10.05
24.10.2005
As per resolution of local bar , case is adjourned. To fix 8.11.2005 for showcause by plaintiff.
8.11.2005
The deft files hazira. The plaintiff files a petiion praying for time. The prayer is allowed at cost of rs.
100. To fix 16.1.2006 for compiled plaint.
15.12.06
The record t.s 100/2001 be transferred to the civil court kakdip for disposal.
16.1.2006
Plaintiff takes no steps. Defts no.’s 1 and 2 file hazira. Case is adjourned for the ends of justice. Since
the case record has been transferred to this court on 23.12.05
To fix 24.1.06 for filing complaint
24.1.06
Hazira filed by the learned advocate on behalf of deft 1 and 2 . Plaintiff’s are directed to showcause
within 14 days as to why this suit must not be dismissed. To fix 8.2.06 for order.
8.2.06
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Deft files hazira. Today is fixed for showcause and order. To fix 27.2.06 for show cause of complaint as
last chance and to date for order.
28.2.06
The petition was put up on 27.2.06 due to local holiday . It is put up today . To fix 22.3.06 for showcause
by plaintiff as last chance
22.3.06
Plaintiff files hazira along with showcause . Petition stating the grounds for not taking steps. To fix
17.4.06 is fixed for showcause.
17.4.06
Both parties file hazira. Plaintiff files fresh vakalatnama. Defts file show cause. To fix 4.5.06 for WS if
any.
4.5.06
Dismissing the suit and other petition u/s 6 of 18 cpc. To fix 8.6.06 for hearing of petition .
8.6.06
Both parties file hazira . Today is fixed for hearing of petition 106 r 18 of CPC code. To fix 14.6.06 as
hearing petition.
14.6.06
Plaintiff files hazira. Deft files a petition praying for adj. Of hearing on the grounds as stated in the
petition. The prayer is considered and allowed. To fix 6.7.06 for hearing of petition.
6.7.06
Today is fixed for hearing petition dated 4.5.06 . At this stage it appears to me that an issue should be
framed. To fix 20.7.06 for hearing.
20.7.06
Parties file hazira. The case is put up. Heard learned lawyers of both sides. To fix 19.9.06 for petition
hearing.
19.9.06
Today record is taken up for order in respect of issued framed on 6.7.06. On perusal of plaint it is right
for the suit to proceed by law. To date 17.10.06
17.10.06
Plaintiff files hazira along with petition praying for exchanging the name of the defts . Deft files hazira.
To fix 21.11.06
21.11.06
Both parties are [present and case is taken up for hearing and record is put up. To fix 2.12.06 for the
steps by plaintiffs.
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2.12.06
Defts files hazira . Plaintiff files a petition praying for petition to take steps. It is allowed and the next
date fixed for hearing is 4.1.07 for steps by plaintiff.
4.1.07
Plaintiff files a petition praying for adj. Upon grounds stated s=therein. To fix 13.2.07 for steps by
plaintiff.
13.2.07
Deft no.1 and 2 files hazira. Plaintiff files a petition praying for time to take steps. To fix 8.3.07 for
steps by plaintiff.
8.3.07
Plaintiff files a petition praying for time. Deft files for hazira. The prayer is taken up as last chance. To
fix 12.4.07 for steps as last chance.
12.4.07
Plaintiff files a petition praying for asking the deft to file for answer interrogations with interrogation.
Deft files hazira. Copy is served. To fix 10.5.07 for filing petition u/o 4 cpc.
10.5.07
Parties file hazira. The petition is taken up for hearing. Heard learned lawyers of both sides. To file by
7.6.07 for interrogations.
7.6.07
Deft files hazira. Heard learned lawyer of both sides. To fix 5.7.07 for petition hearing of the suit.
5.7.07
Parties files hazira and suit is taken up for hearing. To fix 30.8.07 for petition hearing.
30.8.07
Parties file hazira. Deft files affidavit and cross examination to be continued. To fix 20.9.07 for further
hearing.
20.9.07
Parties file hazira. The case is taken up for further hearing. Heard both sides. At this stage deft 1 and
2 file a petition. To fix 15.11.07 for petition hearing.
15.11.07
Parties file hazira. The case is taken up for petition hearing . Heard lawyers on both sides. To fix
29.11.07
29.11.07
Palintiff files hazira along with examination in chief as PW 2. Heard both sides and cross examined in
full. To fix 13.12.07 for DWS.
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13.12.07
Plaintiff files hazira. Deft files hazira along with examination in chief on DWS . Heard both sides and
defendants examined. At this stage defts file a petition for affidavit. The prayer is allowed. To fix 3.1.08
for petition hearing of DW1.
3.1.08
Parties file hazira P.O is on leave. To fix 24.1.08
24.1.08
Parties file hazira. The case is taken up for petition hearing. Heard learned lawyers on both sides. At
this stage deft ask for adj petition. To fix 31.1.08 for petition hearing.
31.1.08
Plaintiff files hazira. Deft files hazira along with examination in chief as DW2 . Heard both sides. To fix
14.2.08 for argument.
14.2.08
Parties file hazira. The case is taken up for argument. Heard learned lawyers on both sides. At this
stage petition ask for adj petition. To fix 21.2.08 for petition hearing.
21.2.08
Plaintiff files hazira. Defts 1 and 2 file hazira along with documents . The case is taken up for argyment.
To fix 5.3.08 for delivery of judgement.
5.3.08
Today is fixed for delivery of judgement. Judgement is delivered and record is kept. Plaintiff’s title in
respect of the suit property is hereby declared.
18.3.08
Decree is prepared today . It is noted in the orescribed register for verification of the lawyer
concerned.
20.3.08 Decree is sealed and signed this day.
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Case No. 25
Sl. No.
1. Nature or type of suit T.A 169/ 1989 , Class 1
2. Filed on 11.5.89
3. Filed in which court District court Alipore
4. When it was initiated 13.7.89
5. When was the act of judgement 20.1.94
6 How much time 5
7. What was the result Order is dismissed on contest
8. Filed by Plaintiff: Janaki Dasi
Defendant: Indu Bhusan Das
11.5.89
That the plaintiff being aggrieved by and dissatisfied with the judgement and decree dated 11.3.89
passed by third munsef court at alipore. Begs to prefer this memorandum of appeal against the
defendant for reversal order.
This is a case of tenancy where the plaintiff’s father in law died leaving behind his wife who went
insane after some time. Thus the plaintiff later found from a neighbour that they have been evicted
by an ex parte order that the landlord has filed in the court with T.S 267 OF 1978 where it was
dismissed on contest . The plaintiff again files a case of title ownership via the present case where he
urges the learned court to go through the contents gain as it seems that the learned court has
overlooked the same and has dismissed the case . The plaintiff has filed this case to remove the
eviction and allow ownership of the said property to his mother in law.
Register court fees paid. Requisites put in . To admit the appeal. Issue notice upon the respondent
through court and by regd. To date 13.7.89
13.7.89
Respondent has entered appearance by filing power. To date 29.8.89 for order.
29.8.89
Lower court record not received . To date 4.11.89
4.11.89
LCR not yet received. To 16.12.89 for order.
16.12.89
LCR received and charged . The appeal is otherwise ready for hearing. To fix 18.1.90 for transfer of
appeal.
12.3.90
The case is shifted to 8th dstrict judge.
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14.3.90
Received by transfer of disposal. To fix 8.5.90
8.5.90
Respondent files hazira. Petitioner files document. To make documents as exhibit and copy to be
served . Thus to fix 26.6.90 for hearing of appeal.
26.6.90
Parties file hazira. Plaintiff files petition for adjournment. To fix 14.8.90 for hearing of appeal.
14.8.90
Appellant files hazira. Respondent files a petition for adj of hearing on the ground stated therein. To
fix 7.11.90 for hearing of appeal.
7.11.90
Appellant files hazira. Respondent files a petition for adj. Of hearing on the ground stated therein. To
fix 19.12.90 for hearing of appeal.
19.12.90
Appleant files hazira and files for objection . P.O is engaged. To fix 27.2.91
27.2.91
Appellant files hazira. Respondent files a petition for adj on the ground stated therein. To fix till
26.4.91 for hearing appeal.
26.4.91
Respondent files hazira. Appleant files a petition for objection stated on the ground stated therein.
Prayer is allowed. P.O is on leave. To fix 27.6.91
27.6.91
Appleant files hazira. Respondent files a petition for objection for hearing appeal on the ground stated
therein. Prayer is allowed. To fix 19.8.91 for hearing appeal.
19.8.91
Appleanty files hazira. Respondent files a petiion for adj of hearing on the ground stated . Heard both
sides and prayer is allowed. To fix 3.12.91 for hearing appeal.
3.12.91
Appleant files hazira. Respondent files a petition for adj. Of hearing . Copy seen and no objection filed.
Prayer is allowed. To fix 12.2.92
12.2.92
Parties file hazira. Respondent files petition . Heard both sides. Prayer is allowed. To fix 8.4.92 for
hearing of appeal.
8.4.92
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Appellant files hazira along with documents. Respondent files a petition for adj. Prayer is allowed. To
fix 9.6.92 for hearing
9.6.92
Appellant files a hazira. P.O is on transfer. To fix 6.8.92 for hearing appeal.
6.8.92
Parties file hazira. P.O is engaged . No time today. To fix 3.11.92 for hearing of appeal.
4.11.92
3rd being declared holiday. The record is put up today. To fix 10.1.93 for hearing of appeal.
11.1.93
10th being Sunday , the record is put up today. Appleant files hazira. To fix 17.3.93 for hearing of
appeal.
17.3.93
Parties file hazira. P.O is on leave . To fix 7.5.93 for hearing of appeal
7.5.93
Parties file hazira . It is 12 now and the there is cease work in local bar. To fix 30.6.93 for hearing of
appeal.
30.6.93
Parties file hazira. P.O is engaged. No time today. To fix 6.8.93 for hearing of appeal.
6.8.93
Parties file hazira. Lawyer of the respondent is found absent. To fix 16.9.93 for hearing appeal.
16.9.83
Parties file hazira . Heard both parties. Next date for judgement is 18.12.93
20.1.93.
Judgement delivered in open court. It is dismissed on contest.
22.2.93
Decree is signed and sealed today.
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7 Defendant absent 1 1
8 Plaintiff absent -
9 Awaiting order/instructions from High Court -
10 Scheduling error/holiday declared/strike 2 5
11 Adjourned for passing judgement
Case No. 26
Sl. No.
1. Nature or type of suit T.A 259/1991 , Class 1
2. Filed on 16.8.91
3. Filed in which court District court of Kachrapara
4. When it was initiated 18.2.92
5. When was the act of judgement 11.5.94
6 How much time 2
7. What was the result Appeal is dismissed on contest
8. Filed by Plaintiff: Amar Kr. Mukherjee
Defendant: Kalidas Mukherjee
16.8.91
The plaintiff is aggrieved and dissatisfied with the judgement and decree dated 25.1.91 and 5.2.91
respectively and asks for reverse order , in the case T.S 192/1986 . The owner of the said property died
leaving four sons to have them. This case is filed by one of the sons of the four brothers. The probabte
was granted for the said will. One of the brothers died leaving the property to be divided equally
between he descendants of the other three brothers. The plaintiff states that the defendants have
taken over the property and are creating all forms of obstructions for the plaintiff. The plaintiff states
that firstly the number of his premises has been changed so that he cannot receive the water supply
of the corporation with bill. There is a common passage between the premises of the plaintiff and
defendants and the defendants have opened a pantry cum snacks bar which creating a lot of problem
and disturbance while defendants file for the dismissal of court by negating the facts and
circumstances. This case was dismissed on contest in favour of the defendant.
This case was re- filed for the same reason , so that the case facts be rechecked.
Requistes are registered and filed to be sent to the defendants. This appeal is filed within the time
limit. Admits the appeal and notices are issued upon the respondent simultaneously through court
and regd. To fix 17.9.91 for return of summons and order.
17.9.91
The summons have returned after service because unserved. Notice through court has not yet been
returned after service. To fix 19.11.91 for return and order.
19.11.91
Notice upon respondent no.1 and no.3 has not yet been returned after service. To fix 10.12.91 for
return and order.
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10.12.91
Notice upon the respondent no. 1 and 3 has not been retuned . To fix 10.1.92 for return and order.
10.1.92
Notice upon the respondents 1 and 3 and has returned . To fix 3.2.92 for return and order.
3.2.92
Notice upon the respondent no 1 and 3 has not been returned after service. Apellant is directed to
take step for service of fresh upon respondent by 18.2.92
18.2.92
Appellant files a petition praying for taking step on the ground stated therein . The prayer is allowed .
To fix 5.3.92 for taking step.
5.3.92
Notice upon the respondent no 1 and 3 returned after service but the service report is not
satisfactory.. To take step by 25.3.92.
25.3.92
Appellant files a petition praying for time for taking steps on the ground stated therein. The prayer is
allowed as last chance . To fix 10.4.92 for taking steps.
10.4.92
Appleant files a petition supported by an affidavit praying for issuing notices upon the respondent 1
and 3 on the ground stated therein . Perused the record . They have a reason to believe that
respondents are deliberately avoiding to receive the court notice. The prayer is allowed. To fix 28.4.92
for filing requisites.
28.4.92
Requisites put in . Issue notices upon the respondents. To fix 29.5.92 for return and order.
29.5.92
Service return and the petition u/05 R20 is not received after service. Appellant files a petition
supported by affidavit praying for giving water supply. To fix 30.7.92 for hearing of the petition.
30.7.92
On the prayer of the respondent 1 and 2 the case is adjourned to 5.11.92 for hearing of the petition.
5.11.92
Respondent files hazira. Copy of the petition is not served . The case is adjourned to 28.1.93 for hearing
of the petition .
29.1.93
28th being holiday , the record is put up today . The case is adjourned to 22.3.93 for hearing .
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22.3.93
Parties are ready . written objection against the petition for water supply in the suit premises is filed.
Copy served and LCR received. The appeal is now ready. The appeal be transferred to the court of the
8th additional district judge , alipore.
31.3.93
Received the record and put for disposal. To fix 24.5.93 for hearing of the appeal .
24.5.93
Petition is filed for adjournment of hearing appeal by respondents. It is adj. Till 15.7.93 for hearing
appeal.
15.7.93
Respondent files hazira. Plaintiff files a petition of adjournment of hearing appeal. The prayer is
allowed and court is adjourned till 27.8.93
27.8.93
Respondent files hazira. Appellant files a petition for adj of hearing. Thus this petition is rejected.
Appllant again files a petition for further hearing of appeal. Heard and the prayer is allowed. As last
chance. Thus the last date is 21.9.93 for hearing of appeal.
6.12.93
Appleant files hazira. Respondent files a petition for adj of hearing . Prayer is allowed. Thus adj. Till
17.1.94 for hearing appeal.
17.1.94
Parties file hazira. The appeal is put up for hearing. Heard on behalf of appellant . On the other hand
the appellant files a petition for adj. Of hearing. Prayer is allowed. Thus it is adj. Till 18.1.94 for hearing
of appeal.
18.1.94
Petitioner files hazira. The appeal is taken up for hearing . Heard both sides . To fix 27.1.94 for
judgement.
27.1.94
Judgement is delivered and the appeal is dismissed on contest with copy served to both parties.
11.5.94
The decree is signed and sealed this day.
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Case No.29
Sl. No.
1. Nature or type of suit T.S : 634/2006, Class: 1
2. Filed on 7.9.06
3. Filed in which court District court Alipore
4. When it was initiated 21.9.06
5. When was the act of judgement 20.3.09
6 How much time 3
7. What was the result Dismissed on contest
8. Filed by Plaintiff : pareshch. praminick
Defendent: Sreedam ch. Gayen
7.9.06
Plaint filed today . Register the plaint. Requisite filed . Issue summons through post fixing 17.10.06 for
ascertaining contest. Vakalatnama filed by sri d. bhandari adv is allowed . To file receipt on
21.9.06
Plaintiff;s case in nutshell is like that kiranbala deb was the owner of the suit property . She transferred
the said land to gobardhan pramnick and sarbeshwar pramanick predecessors of plaintiff by virtue of
sale deed . Thereafter the plaintiff was their only heir and he has been possessing the land eversince.
Accordingly LR record of rights stands in the name of the plaintiff , defendant purchased rest of the
suit plot fron the heirs of the plaintiff’s predecessor. Defendant has no right , title and interest in the
suit land . Inspite of that he is disturbing peaceful possession of the plaintiff in respect to suit land .
Accordingly instant suit has been filed. Defendant has contested the instant suit by filing written
statement on 4.01.07 . He has denied all material allegation as made in the plaint. The defendants
rather claim that they are in possession of the land and the plaintiff has no claim on it.
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11.9.06
Learned advocate for the plaintiff moves a petition u/o 39 r1 and r2 praying for temporary injunction.
The plaintiff and defendants are heard both and interim injunction is referred at this stage. Plaintiff
to put requisites.
21.9.06
Plaintiff files hazira with PR. To date 17.10.06
17.10.06
Plaintiff file hazira. Petition not yet received. To fix 15.11.06
15.11.06
Plaintiff files hazira. Deft appears by power and files a petition praying to file WS . To date 28.11.06
17.11.06
Case received is put up by a put up petition u/o 39 rule cpc. Heard lawyers . To date 28.11.06
28.11.06
Deft file petition praying for time to file w/s . It appears from the petition that ground for extension
of time for filing w/s is not reasonable . To fix 4.12.06 for filing . Record is taken up for hearing. Also
an inspection commissioner is asked to serve notice upon the parties . To date 22.12.06 for report.
6.12.06
Writ is prepared , sealed and signed this day.
22.12.06
Parties file hazira. Report not yet received. To fix 29.1.07 for report.
4.1.07
The record was not put up on 4.12.07 . It is put up today . Plaintiff files hazira. Deft files w/s . To date
29.1.07
12.01.07
Commisioner submits his final report . let it be kept with record.
29.1.07
Parties file haziras. P.O is on leave . Case is adj. To fix 1.3.07 for acceptance of w.s
1.3.07
Parties file hazira. The case is taken up for acceptance of W/S . Heard both sides. W/S filed by
defendants . Let the w/s be accepted. To fix 19.3.07 for filing issues.
19.3.07
The P.O is on leave . Parties file hazira.
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10.4.07
Plaintiff files hazira along with petition prayiong for amendment of plaint. To fix 15.5.07 for hearing of
petition.
15.5.07
Both parties file hazira. Record is taken up for hearing amendment petition dated 10.4.07, perused
the petition , plaint . Heard the advocates of both the parties . It appears that for considering
multiplicity of proceedings the instant application ought to be allowed. Accordingly it is ordered that
the instant application is considered and allowed with cost of Rs. 50. To amend the plaint herewith.
To fix 25.5.07 for additional w.s
25.5.07
Parties file haziras. P.O id on leave. To fix 6.6.07 for filing W/S and to fix for filing issues.
6.6.07
Parties takes no steps. Case is adj. as per resolution of local bar To fix 18.6.07
18.6.07
Plaintiff files hazira. Deft files haziras along with additional W/S . Copy to be served . To fix 13.7.07
13.7.07
Parties file hazira. Heard lawyers on both sides . Issues are framed accordingly and in separate sheet.
To fix 4.8.07
4.8.07
Parties take no steps Case is adj as per resolution of local bar. To fix 21.8.07 .
21.8.07
Parties file haziras . To fix 11.9.07 for petition hearing . Parties come ready on that date.
11.9.07
Plaintiff files hazira along with examination in chief as pw1 . deft files hazira. heard both sides. pw1 is
examined in part. at this stage plaintiff files a petition. To fix 19.9.07 as next date.
19.9.07
Parties take no steps . Case is adj due to resolution of local bar. The next date being 4.10.07
4.10.07
Record is taken up for hearing injunction application . U/O r 1 and 2 read with s-151 of Cp code .
Perused the petition , plaint was and materials on record . Heard both parties . It is ordered that the
parties shall maintain status quo in respect of the schedule properly till disposal of suit. Thus the
injunction application is disposed of. To fix 5.12.07 for further hearing of PW.
5.12.07
Parties file hazira. The case is taken up for hearing. PW1 heard in full and cross examined . At this
stage deft files for adj. of petition. The prayer is allowed. To fix 17.12.07
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17.12.07
Parties file hazira. P.O is on leave. To fix 8.1.08
8.1.08
Parties takes no steps. Case is adj. as per resolution opf local bar. To fix 15.1.08 for further hearing.
15.1..08
Parties file haziras. The case is taken up for hearing. Heard both lawyers. PW1 is cross examined in full
and discharged. To fix 28.1.08
28.1.08
Both parties file hazira. P.O is on leave. Case is adj. To fix 13.02.08
13.2.08
Plaintiff files hazira along with PW2 AND PW3 , examination in chief. Deft files hazira. Heard both sides.
PW2 and PW3 is examined and discharged in full. At this stage defts file for adj. The prayer is allowed.
To fix 4.3.08 for WS.
4.3.08
Plaintiff files hazira along with DW2 AND DW3 , examination in chief. Plaintiff files hazira. Heard both
sides. DW2 and DW3 is examined and discharged in full. At this stage defts file for adj. The prayer is
allowed. To fix 13.3.08 for WS.
13.3.08
Plaintiff files hazira along with DW 1 , examination in chief. Plaintiff files hazira. Heard both sides. DW1
is examined and discharged in full. At this stage defts file for adj. The prayer is allowed. To fix 25.3.08
for WS.
25.3.08
Parties file hazira . The case is taken up for argument. To fix 31.3.08 for delivery of judgement.
31.3.08
Parties file hazira. Today is fixed for delivery. Heard both sides. Judgement is given I open court , that
the suit shall be dismissed on contest.
2.4.08
Decree is prepared today . It is noted in the prescribed register for verification of lawyers concerned.
5.04.08
Decree is sealed and signed this day.
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Case No.30
Sl. No.
1. Nature or type of suit 1995 , Case No. NA
2. Filed on 26.9.1994
3. Filed in which court District court alipore
4. When it was initiated 10.4.1995
5. When was the act of judgement 13.12.2000
6 How much time 6 years
7. What was the result Dismissed on contest.
8. Filed by Plaintiff: Mr. Arun Kumar Ghosh
Defendant: Mrs. Kironmyee Mondal
26/9/1994
Case was filed for grant of probate of the estate of the will executed by Anil Kumar Mondal who died
on 6/1/1994 refiled before this court when Act 99 lease no. 42/94 distriict detgete Alipore became
contentious. Application was registered as an original suit. There is a contention between two parties
regarding who has the right to property.
1/12/1994
Plaintiff files a petition praying for permission to file requisite Court fee . The petition is misconceived
and rejected.
16/2/1995
Plaintiff filed a petition for bein exempted from filing Court fee. It is stated that there is no caveat
entered in respect of the estate left by the testator. Perused, as there is no caveat enteted, the prayer
for exemption is allowed.
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Both parties file haziras. Issues are framed. To 29/3/96 for discerner of documents.
29/3/1996
Defendant files hazira. Plaintiff files a petition praying for time to file discovery of documents .
Defendant files an application praying for discretion upon the plaintiff for discovery of documents.
Copies served . Prayers allowed.
9/5/1996
Record dispute up this day as 7.5.96 was holiday due to general elections.
13/6/1996
Defendant files affidavit as to documents. Plaintiff files a petition praying for time to file discovery of
documents . Prayer is allowed
20/7/1996
Defendant files hazira. Plaintiff files a petition along with M.C. praying for time. Prayer is allowed.
7/9/1996
Both parties file hazira. Due to cease work of ld. Lawyer Alipore Bar association , the case is adjourned
for filing
18/11/1996
Plaintiff file hazira. Advocate files an enforcement stating that defendant KiranMoyee mandal died on
28/9/1996
17/12/1996
Plaintiff files an application under 22 Rule & CPC supported by affidavit
21/1/1997
Plaintiff files hazira. Defendant asks for time. The application of rule 22 is filed for later hearing.
24/2/1997
(illegible)
11/4/1997
Defendant did not appear . Petitioner praying for time for filing.
16/5/1997
Plaintiff files hazira.Defendant files a ph and asks for time for filing WS.
27/6/1997
Plaitiff files hazira. Defendant files a ph praying for time.
7/8/1997
Defendant files a hazira and also asks for time on the ground stated in the petition.
20/9/1997
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Plaintiff files a petition for 6 Rule 17CPC prayng for amendment. Copy not send. Plaintiff file
supplementary affidavit.
Copy not send. Defendant asks for time.
4/12/1997
Plaintiff files hazira and also firiste showing service copy of petition supplementary affidavit.
Defendant asked to serve copy of WS
27/1/1998
Defendant asks for adjournment. Plaintiff files a PH supported by affidavit stating that defendant
subodh mondal died on 25.12.1997. They pray for directing defendant to name the legal heir of
deceased.
20/2/1998
Hearing adjourned due to cease from the local bar.
30/3/1998
Plaintiff files a hazira. Defendant asks for time on ground stated with petition
30/4/1998
Plaintiff files hazira. Defendant asks for time on ground stated with petition
1/6/1998
Plaintiff files hazira. Defendant asks for time on ground stated with petition
4/7/1998
3rd July being bandh. New date issued.
27/7/1998
Both parties file hazira. Defendant gives name of legal heir. Plaintiff files n application praying for
mbastitution the name and address of legal heir which is later up for hearing. New date given for filing
request for service.
18/8/1998
Plaintiff files for PH praying for time
26/10/1998
Defendant files hazira. Plaintiff asks for time
1/12/1998
Defendant files hazira. Plaintiff asks for time
18/1/1999
Request put in. Issue summoned for mbastitution
11/3/1999
Plaintiff & defendant file hazira (ILLEGIBLE)
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3/5/1999
Plaintiff files hazira. All the above orders passed. Defendant no. 1a appear by passes
29/5/1999
Plaintiff files hazira . A/D card for defendant(d) is not received.
9/7/1999
Both parties file hazira. A/D card for 1(d) is not received.
12/8/1999
Plaintiff file hazira . Defendant file hazira. A/D card for 1(d) is not received.
5/10/1999
Plaintiff file hazira . Defendant file hazira. A/D card for 1(d) is not received.
23/12/1999
Plaintiff file hazira . Defendant file hazira. A/D card for 1(d) is not received.
15/12/2000
Plaintiff files a ph praying for __________. A/D card of defendant not received.
3/4/2000
Case adjourned as per resolution of local Bar association
17/5/2000
Defendant files A/D card . To 14/6new for A/D card
14/6/200
Defendant file a petition for objection of grant of probate. A/D card for defendant 1(d) not received.
20/7/2000
Defendant & plaintiff file hazira. ( Defendant (d) appear & file ph Illegible)
24/8/2000
Defendant no.2 files a petition prayinf for adjournment
19/9/2000
Both the parties files hazira. The consent ph filed by defendant dt 14/62000 and 20/7/2000 taken up
for order.
16/11/2000
Both parties & lawyer file hazira. Case is taken up for P. hearing Evidence disclosed
13/12/200
Judgement is delivered in open. ADJ court in seperate sheet.
15/12/200
Decree prepared ,sealed & signed.
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18/1/2001
Plaintiff file ph supported by affidavit
6/2/2001
Both the parties present. The ph by plaintiff is taken up for hearing.
9/2/2001
Plaintiff files verified petition praying to accept highest court fee of Rs 10,000 to issue probate of the
will. Plaintiff is permitted to accept/deposit fee & probate is issued.
13/2/2001 Received copy of will from head clerk, Dist. Judge alipore court after verification . Probate
prepared. Proposed, sealed & signed by this day.
Case No. 31
Sl.
No.
1. Nature or type of suit T.S 53/47
2. Filed on 8.7.1946
3. Filed in which court District court Alipore
4. When it was initiated 3.8.1946
5. When was the act of judgement 14.5.1956
6 How much time 10
7. What was the result Dismissed on contest
8. Filed by Plaintiff : Smt Mrilanini
Defendent: Sushila Bala Dasi
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The suit is files by the plaintiff Smt. Mrinalini against the defendant Smt. Susila Bala Dasi and
10 other defendants on [date]. Plaintiff’s case is that Ram Krishna Das, father of plaintiff and
husband of defendant no. 1, has left immovable and movable properties worth Rs.
12,61,180/- and left no debts and liabilities. The defendant no.1 is a Hindu lady of very weak
intellect having no idea of proper management of the estate. The defendant no.2, who was
the manager of the estate of her husband is a very shrewd man and defendant no.1 fell victim
to defendant no.2 and lost herself and allowed to be a toy in the hands of defendant no.2.The
defendant no.3 is the local officer for defendant no.1 and is an accomplice and associate of
defendant no.2.
Date of Action taken/Order given Date of next Duration till Adjournm Remarks
hearing hearing next ent
hearing period
(approx. in required
months) by law
8-07- 1946 Register the application and issue notice 03-08-1946 1 month Adjourned for next hearing
03-08-1946 Applicant file hazira. Notice upon party no 1 24-08-1946 1 month Adjourned for next hearing
to 6, 8 and 9. Party no 6 file vakalatnama and
party no 9 appear and filed a petition
praying to file objection. Time is arranged till
24-8-1946 for filing objection. Notice not
returned by party no 9
24-08-1946 Notice to party no 9 served to appear. 7-9-46 1 month Adjourned for next hearing
Owing to abnormal situation of the case, 7-
9-46 for filing objection if any
02-09-1946 Objection filed by party no 9
07-09-1946 Objection filed already. Fixed 21-09-1946 21-9-46 1 month Adjourned for next hearing
for fixing the date hearing
21-09-1946 To 9-11-1946 fixing the date after awaiting 9-11-46 2 months Awaiting orders from
response from the government. government
9-11-1946 Govt report the case is adjourned till 30-11- 30-11-46 1 month Adjourned for next hearing
1946 for fixing the date of hearing
14-11-1946 Plaintiff filed a petition praying for 23-11-46 1 month Adjourned based on petition
amendment off the plaint. Put up 23-11- by plaintiff
1946 for hearing
23-11-1946 Adjourned to 30-11-1946 30-11-46 1 month Adjourned for next hearing
30-11-1946 The petition for amendment of the 21-12-46 1 month Adjourned for next hearing
application is put up.
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21-12-46 Applicant files hazira. Notice served. No 18-1-47 1 month One or more parties absent
appearance made.
18-1-47 Party no 7 appears, files a petition praying 25-1-47 1 month Adjourned based on petition
time to file objection. Prayer accepted by defendant
25-1-47 Applicant files hazira of party no 7. Case 15-2-47 1 month Adjourned for next hearing.
adjourned till 8-2-47 for filing objection Multiple adjournments to 8-
2-47, 15-2-47
15-2-47 Applicant files hazira. Objection filed by 1-3-47 1 month Adjourned for next hearing
party no 7
1-3-47 Awaiting collector’s report. 15-3-47 1 month Awaiting orders from
government
15-3-47 No report received from collectors office. 17-5-47 2 month Awaiting orders from
government. Multiple
adjournments to 29-3-47,
26-4-47, 10-5-47, 17-5-47
17-5-47 Received report from government. 31-5-47 15 days Adjourned for next hearing
31-5-47 Applicant files hazira. Party no 9 files a 7-6-47 7 days Adjourned based on petition
petition praying for time on grounds that by defendant
marriage of daughter is going to take place.
Allowed prayer.
7-6-47 Plaintiff to file requisites by 18-6-47 18-6-47 10 days Adjourned for next hearing
18-6-47 Requisites for summons filed. 18-7-47 1 month Adjourned for next hearing
18-7-47 Summons to defendant other than 14-8-47 1 month Adjourned based on petition
defendant no 1,2,7,9,10 returned after by defendant
service. WS on behalf of defendant no 3
filed. Defendant no 4,6,7,8, appears to pray
for time to file WS>
4-9-47 Defendant no 4,5,6,7 pray for time to file 19-9-47 14 days Adjourned based on petition
WS. Prayed granted. Each to pay by defendant
adjournment cost Rs. 4/-
19-9-47 WS on behalf of defendant 4,5,6,7 filed but 26-9-47 7 days Adjourned for next hearing
copied not given to plaintiff. Adjourned and
defendant to give copies in the meantime
26-9-47 Receipt showing supply of copy to plaintiff 15-11-47 2 months Adjourned for next hearing
files by lawyer. Put up for further notice
15-11-47 On prayer of guardian time arranged till 2- 2-12-47 1 month Adjourned based on petition
12-47 for filling affidavit by defendant
2-12-47 The guardian of defendant further asks 1 16-12-47 14 days Adjourned based on petition
week more time by defendant
18-12-47 Guardian of defendant 10 file affidavit in 10-1-48 1 month Adjourned for next hearing
compliance with order
10-1-48 Adjourned till 5-3-48 for filling affidavit 5-3-48 2 months Adjourned for next hearing
5/3/48 Petition supported by an affidavit put up by 12-3-48 7 days Adjourned for next hearing
the plaintiff praying for appointment of
receiver. To 12-03-1948 for order in
presence of all sides of order.
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12-03-1948 An affidavit in the form of objection filed on 27-3-48 14 days Adjourned based on petition
behalf of defendant no 7. Defendant no 8 ,9 by defendant
pray for time to file objections
27-03-1948 Objection against the prayer for 12-4-48 14 days Adjourned for next hearing
appointment of receiver filed on behalf of
defendant no 9
12-04-1948 Objections filed on behalf of defendant no 27-4-48 14 days Adjourned for next hearing
1, 5, and 8 against the prayer for receiver
27-04048 Time allowed till 7-May on prayer of 1-5-48 7 days Adjourned based on petition
defendant no 7 by defendant
1-05-1948 Defendant no 5 and 8 file documents as per 7-5-48 Adjourned for next hearing
lists with petitions praying for acceptance of
documents.
7-05-1948 Certain documents as per list files on behalf 25-5-48 21 days Adjourned for next hearing
of defendant no 7
26-05-1948 Time allowed till 14-June-1948 for hearing 14-06-48 21 days Adjourned based on petition
the receiver matter. Plaintiff files a petition by plaintiff
praying for adjournment of hearing.
11-06-1948 An affidavit has been filed on behalf of
plaintiff
12-06-1948 An affidavit has been filed on behalf 0f
plaintiff. Let the document be kept with the
record
7-7-1948 The matter of application for appointment 17-7-48 10 days Adjourned for next hearing
of receiver and objection thereto are taken
for hearing
17-7-1948 Judgement in matter of appointment of
receiver is passed and kept in separate
sheet. The appointed receiver to furnish
security within 10 days as directed.
1-9-48 Received information form High Court
directing to transmit copies of certain
relevant papers. Defendant directed to
supply papers within 3 days. Let it be kept
with the record
18-01-1949 Received back copy in appeal from original 29-5-49 4 months Adjourned for next hearing
order. The petition of compromise is put up.
29-5-49 The matter is put up. Heard lawyers of all 15-7-49 2 months Adjourned for next hearing
sides. Defer the matter till final hearing
15-7-49 Defendant no 8 puts a petition praying that 15-12-49 5 months Adjourned for next hearing
WS no 1,2,3, 10 of affidavit filed on behalf of
plaintiff be strike off
15-12-49 Plaintiff filed a petition supported by 4-2-50 2 months Adjourned for next hearing
affidavit
4-2-50 Plaintiff files a petition for substitution in 13-7-50 5 months Adjourned for next hearing
place of declared petition
13-7-50 Plaintiff filed a petition praying for 15,000/- 28-3-51 6 months Adjourned for next hearing
Let this petition be kept in record
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28-3-51 Plaintiff files petition praying for direction 26-7-51 4 months Adjourned for next hearing
upon the commissioner
26-7-51 Defendant no 9 files an application for 10-5-52 8 months Adjourned for next hearing
disparaging the plaintiff on ground that she
has alienated one of the items during
pendency of suit. Engaged in decision for
hearing petition
10-5-52 Application on behalf of defendant no 10 for 19-5-52 9 days Adjourned for next hearing
directing receiver to take charge of
properties on suit
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257
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Case No. 32
Sl.
No.
1. Nature or type of suit T.S 127 0f 1988
2. Filed on 14.5.1988
3. Filed in which court District court Alipore
4. When it was initiated 12.7.1988
5. When was the act of judgement 14.3.97
6 How much time 9
7. What was the result Petition dismissed on the basis of compromise
8. Filed by Plaintiff : Laksmi Rani Shaw
Defendent: Karthik Ch. Shaw
The suit is filed by the plaintiff Smt. Lakshmi Rani Shaw, wife of Sri Kartik Ch. Shaw and Sri
Binode Shaw Versus the defendants – Bhim Chandra Shaw (Defendant no 1), Sri Mohan Shaw
(Defendant no 2) and Sri Madan Shaw (Defendant no 3)
The plaintiff prays -
1. For passing a decree in preliminary form declaring the plaintiffs 2/5 share in the suit
property.
2. For passing a decree for appointment of a survey pass commissioner for effecting
partition by metes and bounds in terms of preliminary decree.
3. For passing final decree of partition
4. For passing a decree for account against the defendant in preliminary form.
5. For appointment of Accounts commissioner to check and verify the accounts in terms
of preliminary decree
6. For passing a final decree for accounts
7. For appointment of receiver
8. For injunction
9. For passing a decree for all costs incidental charges and expenses to the suit
10. For such further or other reliefs the plaintiffs may be otherwise entitles to under law
and equity.
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259
1056
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260
1057
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261
1058
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262
1059
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263
1060
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264
1061
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265
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Case No. 33
Sl.
No.
1. Nature or type of suit T.S 10 of 1992
2. Filed on 17.2.92
3. Filed in which court District court Alipore
4. When it was initiated 17.3.92
5. When was the act of judgement 11.4.1999
6 How much time 7
7. What was the result Decreed on contest
8. Filed by Plaintiff – United bank of India
Defendant – Goutam kumar Bakshi & Biswanath Bakshi
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ordered that after such payment to the plaintiff of any amount is found in excess and lies in
depositing with the court, the said amount would be returned to the defendant.
17th Feb 1992 Plaintiff files registered. On the March 1992 1 month
application of the plaintiff, put up
on 17.3.92 for filing deficit count
for defendant of the petition
17th march Plantiff file deficit count for of Rs May 1992 2 months -
1992 3183, along with equities. Issues
summons to the defendants to
count for required post with old
simultaneously fixing 12s/92 for
escalating context. Dismissed
12th may 1992 Hajira and 2 postal received was 13/7/92 2 months -
filed by advocate for plaintiff.
Postal DD card for defendant
1and 2 returned by
acknowledged but defendant
didn’t turn up. No steps taken
today. 13/7/92 for hearing of the
suit exparty.
13th July 1992 Plantiff file Hajira. Defendant 1-2 28/7/1992 -
turned up today with a
vakalatnama
28th July 1992 Hajira has been filed from both 1/9/92 2 months -
sides by lawyer, a petition has
been filed from defendant
praying for time for filing WS on
the ground stated therein.
Persued petition considered and
allowed as a last chance to 1/9/92
for payment of cost and WS by
defendanyt 1&2. The order of
hearing expertis will be stayed
after payment of cost as awarded
earlier.
1st September Hajira has been filed from both 8TH April 5 months -
1992 sides through its lawyer. A suit 1993
has been filed from showing
payment of rs 15, let it be kept
with the record. In view of order
number 4 dated 13.7.92 , the
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8th april 1993 Both parties are ready through 11/5/1993 2 months -
their respective lawyers. Heard
negotiations. Accordingly the suit
is taken up for hearing. Received
issues are adjourned this day on
consideration of the pleadings of
the parties in a separate sheet
kept with the record.
11th May 1993 A petition has been filed from 11-6-1993 3 months
both sides. Praying is considered
on the grounds stated there in.
Adjourned to 11-6-1993
11th June 1993 Petition has been filed from both 12-7-93 1 month
sides. Praying and oath taken as
considered and allowed to 12-7-
93
12th july 1993 Plaintiff swears on the affidavit, 13-8-1993 1 month
r/a 11r/13. Let it be kept with the
records. To 13-8-1993
13th august Petition has been filed from both 13-9-1993
1993 sides praying on adjournment of
hearing on the grounds stated
there in. No disjunction has been
noted. Prayer is considered to
13/9/1993, both parties are
directed to be ready on the date
fixed.
13th Hajiras has been filed. A petition 5-10-1993 1 month
September has been filed from both sides,
1993 praying for adjournment on the
grounds stated therein.
5th October Hajiras have been filed from both 12-10-1993
1993 sides of the contested parties
through their respective lawyers.
A list of documents have been
filed. The suit is taken up for
hearing. Bhushan Bhattacharya is
expert in part today as PWI. At
this stage a petition has been filed
from his side on adjournment of
date on ground stated there in.
the prayer considered and
allowed to 12-10-1993
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269
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270
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271
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Case No. 34
Sl.
No.
1. Nature or type of suit T.S 56 of 1986
2. Filed on June 1986
3. Filed in which court District court Alipore
4. When it was initiated August 1986
5. When was the act of judgement 8th july 1992
6 How much time 6
7. What was the result Decreed on default
8. Filed by Plaintiff – Sri Debasish Bose
Defendant – Sri Krishnasish Bose, Smt. Kamala Bala Debi,
Sri Ajit kumar Das, Sm Arati Tribedi
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Appendix. We shall also summarise the duration & number of adjournments and classify them
with respect to the causes for adjournment.
Date of Action taken/Order given Date of next Duration till Adjournment Remarks
hearing hearing next hearing period required
(approx. in by law
months)
June 1986 Suit filed. Summons issued to December 1986 2 months Adjourned so that
defendant. Hearing adjourned to summons can be
December 1986 issued to
defendant and
time allowed to
file response
August 1986 Plantiff file Hajira. Defendant 1-4 September 1986 1 month -
appear for vakalat nama along with a
petition prayer for time to file written
statement(WS). Time is given till
4.9.86 for filing WS. To date waiting for
return of summons of defendant 5-8
September Plantiff file Hajira. Defendant 1-4 September 1986 25 days - Defendant
1986 appear for vakalat nama along with a requests for
petition prayer for time to file written time to file
statement(WS). Time is given till written
30.9.86 for filing WS. To date waiting statement
for return of summons of defendant 5-
8
September Plantiff file Hajira. Defendant 1-4 November 1986 2 months - Defendant
1986 appear for vakalat nama along with a requests for
petition prayer for time to file written time to file
statement(WS). Time is given till written
25.11.86 for filing WS. To date waiting statement
for return of summons of defendant 5-
8
November Plantiff file Hajira. Defendant 1-4 December 1986 1 month -
1986 appear for vakalat nama along with a
petition prayer for time to file written
statement(WS). Time is given till
18.12.86 of Rs.6/- for filing WS. To
date waiting for return of summons of
defendant 5-8
12th Plantiff files Hajira. Defendant No 1 January 1987 1 Month - Defendant
December files written statement WS, cost not requests for
1986 paid, time given till 8.1.87 to pay the time to make
cost. payment
Defendant No 2-4 file a petition
praying for time to pay costs. Prayer is
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25th May Both parties file Hajira. PO IN charge November 1990 6 months -
1990 busy with his own file. Gives last
chance for presence of both sides and
court guardian.
15th Plaintiff and defendant Files Hajira. January 1991 2 months - Call for action
November Plaintiff files a petition praying for
1990 time to take steps on ground stated
there in. Praying is considered and
plaintiff is directed to take steps upon
the legal heirs at defendant No 2 by
10/1/91
10th January Hjiara filed on behalf of defendant. - - - 10 hearings in
1991 Petition filed on behalf of plaintiff with middle wherein
a prayer for time to take steps. Same just request for
thing continued for multiple hearings prayer is been
till 11th July 1991 raised and
granted
11th July 1991 Defendant files Hajira. Plaintiff FILES August 1991 2 months -
NO HAJIRA and turns no steps. Paintiff
is directed to show earning by 23/8/91
as to why the suit shall not be
dismissed for non-prosecution
23rd august Defendant files hajira, plaintiff files a - - - No further steps
1991 verified petition along with a fresh taken till 8th July
vakalatnama showing cause for 1992
condonation at laclus. Pursued the
petition cause shown in sufficient ,
thus condoned till 25/9/91 for taking
further steps.
8th July 1992 Defendant files Hajira. Plaintiff takes August 1992 2 months -
no steps, P.O being incharge as
registration is any much with
administration worth records at
justice. Plaintiff is further directed to
show the same by 28/8/92, so as to
why the suit shall not be dismissed.
28th august Defendant files hajira along with a - - -
1992 fresh vakalatnama. Plaintiff turns no
steos for siliving show case, CF is paid
correct. Case dismissed for default.
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5 Request by plaintiff
6 Both parties absent
7 Defendant absent
8 Plaintiff absent
9 Awaiting order/instructions from High Court -
10 Scheduling error/holiday declared/strike 3 6
11 Adjourned for passing judgement
Case No. 35
Sr No.
1. Nature or type of suit T.A CASE NO. 222 of 1980 ( GRN 7.R.71/98, ER 1772) CLASS I
2. Filed on 3.3.80
3. Filed in which court District court Alipore
4. When it was initiated 9.4.80
5. When was the act of judgement 4.2.83
6 How much time 4
7. What was the result Dismissed on contest
8. Filed by PLAINTIFF- OF WEST BENGAL
DEFENDANT- GOLAPGAN BIBI others
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19.09.80 Adjourned to 12.11.80 12.11.80 2 months appellant files a petition praying for
issuing notice upon 3 to 8 registered
post considered appellant to put in
requisition
12.11.80 Adjourned to 10.12.80. 10.12.80 1 month requisition puts in issue notice upon
the respondent 3 to 8 by registered
post
10.12.80 postal received files 14.01.81 1 month
A/D(acknowledge due) receipt and
received to 14.1.81 for order
awaiting receipt of the same.
14.01.81 postal receipt already filed A/D 06.02.81 1 month
receipt not yet received to
06.02.81 for A/D and order.
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08.07.82 the petition stands rejected and 03.08.82 1 month the petition u/s 5 of the Limitation Act
the appeal summarily dismissed. is taken up for hearing. Heard learned
advocates of both sides. As agreed
upon between the Ld. Lawyers of the
parties, it is ordered that the petition
u/s 5 of the Limitation Act be allowed
and the delay in presenting the memo
of appeal he condoned on the
appellant paying the respondent cost
of Rs. 100/- within 3.8.82 and that in
default thereof
03.08.82 Issue notice fixing 5.9.82 for return 06.09.82 1 month cost of Rs. 100/- is paid and receipt is
and order requisites within 3 days. filled in view of the foregoing order,
the petition u/s 5 of the Limitation Act
is allowed and the delay in presenting
the memo of appeal is condoned.
Admit the appeal. Call for the L.C.R.
06.09.82 Receipt received to 29.982 for 30.09.82 1 month 5th being Sunday the record is put up
general transfer. today for order. It appears from the
record that the copy of memo of
appeal is already served upon
respondent as per firisty.
30.09.82 29th being holiday the record is put 14.10.82 2 weeks
up today for order.
14.10.82 Adjourned to 06.12.82 for hearing 06.12.82 2 months present Sri A.N Saha HOD 3rd court,
of the appeal. Both parties to come Alipore received by transfer from the
ready on the date. Ld. District judge (D/J) for disposal by
this court.
06.12.82 Adjourned to 12.01.83 for hearing. 12.01.83 1 month the P.O is on leave.
12.01.83 Adjourned to 04.02.83 for hearing 04.02.83 1 month appellant files a petition praying for
of the appeal. adjournment
04.02.83 the appeal be dismissed as not 21.07.83 5 months The Ld. Advocate for the appellant
pressed without any costs. submits and endorses on the order
stating that he would not press the
appeal except on the question of
costs. Mr. Bhattacharjee for the
respondent submits that he would not
press for cause.
21.07.83 Respondent files a petition praying
for return back the documents as
per firisti and the exhibited
documents on the ground set forth
in the petition. Prayer is allowed.
Return the documents on an
undertaking to refile the same as
and when called for.
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Case No. 36
Type and nature of Case : T.A 973 of 1985, Class 1
Filed on :28.11.85 Initiated on : 9.12.85 Case ran for : 6 years
Court: 4TH Addi. Dist judge court Alipore
Judgement given in: 20.8.91 & decreed on contest M.D Omar Ansari plaintiff
M.D Kalim (since deceased) defendant
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Case No. 37
1) Manna Ram Kahar,
S/o Late Batauri Ram Kahar,
of J-201, Paharpur Road, P.S Garden Reach, Calcutta - 700024
2) Joy Raj Singh
S/o late Sanichar Singh of J-201, Paharpur Road, P.S Garden Reach, Calcutta - 700024
3) Raju Singh
S/o late Sanichar Singh of J-201, Paharpur Road, P.S Garden Reach, Calcutta - 700024
4) Rekha Singh
W/o Buro Singh
of J-201, Paharpur Road, P.S Garden Reach, Calcutta - 700024
5) Champa Devi
w/o Gobardhan Singh
58E, Kailash Bose Street
P.S. Amherst Street, Calcutta – 700006
6) Purna Devi
W/o Bishu Kahar
40A, Kachari Road, 20 NO Gali, p.o. Kakinara, Dist: 24 Paragnas (North)
7) Gholi Devi, W/o Kishan Kahar,
N-81, Paharpur Road, P.S. Metiabruz, Calcutta
NO (5),(6)& (7) are daughters of late Batauri Ram Kahar, and No (2)& (3) sons of late Laxmi
Devi kahar and No (4) is the daughter of late Laxmi Devi Kahar
..... Defendants
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9/10/1998 Defendant nos 1 and 2 takes no steps. 12/17/1998 3 months Adjourned for 3 months
Plaintiff has filed hazira today is fixed for
filing WS by defendants nos 1 and 2 as
last chance. They did not take any steps.
Hence the action will be taken against
defendant nos 1 and 2. Summons upon
defendant nos 6 and 5 returend un
served./ Let teh same will be re issed at
once
12/17/1998 Plaintiff has filed his hazira. Defendant 3/8/1999 3 months Adjourned for 3 months
nos 1 and 2 take no steps. Reisuued
summons upon defendants nos 5 and 6
at once.
3/8/1999 Plaintiff has filed his hazira. S/R has not 5/12/1999 2 months Adjourned for 2 months
yet received
5/12/1999 Plaintiff takes no steps. S/R is not yet 7/12/1999 2 months Adjourned for 2 months
received
7/12/1999 Plaintiff takes no steps. S/R is not yet 9/15/1999 2 months Adjourned for 2 months
received
9/15/1999 Plaintiff takes no steps. S/R is not yet 12/9/1999 3 months Adjourned for 3 months
received
12/9/1999 Plaintiff takes no steps. S/R is not yet 2/14/2000 2 months Adjourned for 2 months
received
2/14/2000 Plaintiff takes no steps. S/R is not yet 4/17/2000 2 months Adjourned for 2 months
received
4/17/2000 Plaintiff takes no steps. S/R is not yet 9/7/2000 5 months Adjourned for 5 months
received
9/7/2000 Plaintiff takes no steps. S/R is not yet 12/1/2000 3 months Adjourned for 3 months
received
12/1/2000 Due to cease work, no co-ordinator has 2/5/2001 2 months Adjourned for 1 month due
participated. Court adjourned to to cease work
5/2/2001
2/5/2001 Plaintiff takes no steps. S/R is not yet 4/10/2001 2 months Adjourned for 2 months
received
4/10/2001 Plaintiff takes no steps. S/R is not yet 6/11/2001 2 months Adjourned for 2 months
received
6/11/2001 Plaintiff has filed hazira. S.R and A/D not 7/11/2001 1 month Adjourned for 1 months
yet returned back. Plaintiff is directed to
take afresh steps upon defendant nos 5
and 6 by 11/7/2001
7/11/2001 Plaintiff has filed hazira through 8/14/2001 1 month Adjourned for 1 months
advocate. NO steps taken upon
defendanet 5 and 6
8/14/2001 Plaintiff has filed hazira through 9/27/2001 1 month Adjourned for 1 months
advocate. NO steps taken upon
defendanet 5 and 6. Plaintiff is further
directed to take fresh steps by 27/9/01
without fail
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9/27/2001 Plaintiff prays for time to take steps. 12/1/2001 3 months Adjourned for 3 months
Issued petition and Considered. Prayer is
allowed.
12/1/2001 Plaintiff file hazira. To 31/1/2002 for 1/30/2002 1 month Adjourned for 1 months
taking steps afresh by plaintiff upon
defendant nos 5 and 6 as last chance
1/30/2002 Requisite put on this day. Process fees 4/10/2002 3 months Issued Summons on
paid. Issuesd summons upon defendant Defendants 5&6
nos 5 and 6 by both ways accordingly
4/10/2002 Summons upon defendant has not yet 7/18/2002 3 months Issued Summons on
reissued. Issue the same upon defendant Defendants 5&6
nos 5 and 6 at once
7/18/2002 S/R and A/D not yet returned at the 9/25/2002 2 months Adjourned for 2 months
source. This case is adjourned to
25/9/2002
9/25/2002 Plaintiff files hazira. S/R and A/D not yet 1/10/2003 4 months Adjourned for 4 months
received
1/10/2003 No steps taken on behalf of the plaintiff. 3/21/2003 2 months Adjourned for 2 months
S/R A/D not yet returned back.
3/21/2003 No steps taken on behalf of the plaintiff. 5/27/2003 2 months Adjourned for 2 months
S/R A/D not yet returned back.
5/27/2003 Plaintiff files hazira. S/R and A/D not yet 7/15/2003 2 months Adjourned for 2 months
received
7/15/2003 Pliantiff has filed hazira. A/D card of 9/2/2003 2 months Adjourned for Action from
defendantnos 5 has received duly been Judge
reported. Envelop of defendant no
6returned back unserved with postal
remarks is not known
S/R and A/D of defendantnos 3,4 and 7
not yet received. Defendant nos 5 did
not takes any steps after receiving
summons. Let the Judge be heard
against her
9/2/2003 Plaintiff files hazira. S/R and A/D not yet 11/27/2003 2 months Adjourned for 2 months
received
11/27/2003 Plaintiff files hazira. S/R and A/D not yet 1/22/2004 2 months Adjourned for 2 months
received
1/22/2004 Plaintiff files hazira. S/R and A/D not yet 3/17/2004 2 months Adjourned for 2 months
received
3/17/2004 Plaintiff files hazira. S/R and A/D not yet 5/6/2004 2 months Adjourned for 2 months
received
5/6/2004 Plaintiff files hazira. S/R and A/D not yet 6/18/2004 2 months Adjourned for 2 months
received
6/18/2004 On the prayer of plaintiff , court 7/28/2004 1 month Plaintifff requested tome .
adjourned to 28/7/04 for takiing steps Adjourned for 1 month
7/28/2004 Requisites put on request of plaintiff 9/14/2004 2 months Adjourned for 2 months
iossued a fresh summonsupon for
defendant nos 3,4.6,7 by reg. post.
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9/14/2004 Plaintiff files hazira. No A/d is received 12/7/2004 3 months Adjourned for 3 months
from Defendant nos 3,4,6, 7. PR also not
fixed
12/7/2004 Plaintiff files hazira. No A/d is received 2/5/2005 2 months Adjourned for 2 months
from Defendant nos 3,4,6, 7. PR also not
fixed
2/5/2005 Plaintiff files hazira. No A/d is received 3/30/2005 1 month Adjourned for 1 months
from Defendant nos 3,4,6, 7. PR also not
fixed
3/30/2005 Plaintiff files hazira. No A/d is received 5/11/2005 2 months Adjourned for 2 months
from Defendant nos 3,4,6, 7. PR also not
fixed
5/11/2005 On the prayer of the plaintiff, court 7/6/2005 2 months Adjourned for 2 months
adjourned to 6/7/05 for taking steps
upon the defendant nos 6 without fail
7/6/2005 On the prayer of the plaintiff, court 8/17/2005 1 month Adjourned for 1 months
adjourned to 6/7/05 for taking steps
upon the defendant nos 6 without fail
8/17/2005 Plaintiff files hazira. Requested for order 11/7/2005 3 months Adjourned for 3 months
to allow plaintiff to issue summon upon
defendanr nos 6.
11/7/2005 Plaintiff take no steps upon defendant 12/19/2005 1 month Adjourned for 1 months
no 6 as directed. Plaintiff is directed to
take steps on defendant no 6 by
19/12/05
12/19/2005 Plaintiff file hazira and also files a 2/2/2006 2 months Adjourned for 2 months
requestb for issue summons upon
defendant no 6 by reg. post.
2/2/2006 Planitiff files and Hazira. No A/D of 4/25/2006 2 months Adjourned for 2 months
defendant no6 has been taken
Fix 24/03/06 for issueing A/D on
Defendant no 6
4/25/2006 Plaintiff files hazira. Defendant takes no 6/6/2006 2 months Adjourned for 2 months
steps. So fix 6/6/06 for expert hearing
6/6/2006 Plaintiff files hazzira. But nowPliantiff 6/20/2006 15 days Adjourned for 15 days
prays for do not take part in court. Case
is adjourned
6/20/2006 Adojourned to 6/7/06 for expert hearing 7/6/2006 15 days Adjourned for 15 days
of the case
7/6/2006 Plaintiff files hazira. Case is taken up for 7/12/2006 1 month Adjourned for final
expert hearing. Plaintiff filed an affidavit Judgement
in favour of petitioner 1. Adjourned for
12/7/06 for final judgement
7/12/2006 Judge announced hius judgement. 9/25/2006 2 months Judgement Declared
Decree is issues. Court ordered plaintiff
and defendanets to partition the
property amicable within 60dyas.
Otherwise, any of the parties bave been
got liberty to partition the properties in
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Case No.38
Title Suit No. 333 of 2000 (1st Civil Judge of Jr. Division Alipore)
Background:
Plaintiff: Prasanta Chatterjee
Defendant: Anirban Majumdar and others (Original Defendant Priyatosh Majumdar died long
back as per record dt. 05/03/2003.
Plaintiff and original Defendant (since deceased) along with the son of original defendant,
were partners of M/s Chatterjee Co., and M/s P.K. Chatterjee and Co. The major issue of
contention has been the difference of opinions regarding business policy.
Partnership business was dissolved and dissolution of Partnership Deed was executed by and
between the partners of the firms on 30/08/1999. After dissolution Anirban Majumdar did
not take any liability while the plaintiff took all the liabilities and outstanding debt of the firm.
The plaintiff have taken a loan of Rs. 11,12,662/- and the defendant 1 took responsibility for
the payment of the said money through plaintiff by issue of Post-dated cheques in the name
of defendant 1. Plaintiff issued 30 PDCs with first payment scheduled on 12/10/1999.
However, Dulal Kanti Majumdar, one of the creditors, filed a Money Suit for Rs.45000/- for
realization of his dues from plaintiff and his company along with Anirban Majumdar, but
Anirban is not contesting the suit as he has retired from partnership business. He took the
responsibility of paying the dues to Dulal Majumdar as per writings dt. 06/09/1999, by
encashing the PDC issued by plaintiff. The defendant encashed considerable amount but did
not pay any outstanding dues to any creditor. Thus the plaintiff accused that the defendant 1
intentionally put the plaintiff in trouble and only wanted to get the money via cheating.
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Further, defendant 1 joined hands with creditors to put the plaintiff in further trouble and the
plaintiff’s goodwill was also hampered causing trouble in business transactions. The plaintiff
hence filed the suit demanding permanent injunction so that the defendant cannot encash
any post-dated cheques.
Sl.
No.
1. Nature or type of suit T.S 333/ 2000
2. Filed on 6.12.2000
3. Filed in which court District court Alipore
4. When it was initiated 12.2.01
5. When was the act of judgement 24.3.10
6 How much time 9
7. What was the result Dismissed on exparte
8. Filed by Plaintiff: Prasanta Chatterjee
Defendant: Anirban Majumdar and others
Case Proceedings:
Date Action Taken/Order Given Duration
(in months)
06/12/00 Suit filed, time allowed for filing by defendant 2
12/02/01 Defendant requested for extension, plaintiff was present 2
04/04/01 Requisites already put in admit, hearing in next date 20 days
24/04/01 Extension given as there was a strike by lawyers 1
19/06/01 Defendant requested for another extension for producing more documents 1
11/07/01 Defendant was absent, hence judge gave another extension 1.5
27/08/01 Last chance given to defendant upon application to postpone date of hearing 1
24/09/01 Defendant appears in the court, after hearing files a petition supported by affidavit 5
19/02/02 Hearing takes place and further hearing for next date 1
15/03/02 Defendant was absent and requested extension 3
14/06/02 Hearing postponed on request by both parties 2
23/08/02 Plaintiff appeals and files affidavit with order 22, Rule 4 1
17/09/02 Affidavit with order 22, rule 4 put up to decision 3
20/12/02 Both parties were absent 3
05/03/03 Record is taken up for order. Lawyers for both sides pushed for instant petition, affidavit 1.5
and other materials. Cause title of the plaint and relevant register be amended
29/04/03 Documents reviewed, extension for legal proceedings upon death of defendant 1 3
30/07/03 SA/AD, further extension on appeal of defendant 4
03/12/03 The other defendants and witnesses did not appear for due hearing 2
12/02/04 Affidavits along with P-records that are needed are yet to be presented. Delay in files sent 1.5
by registered post
31/03/04 On calls at 3.20 pm by the honorable judge, none appears on behalf of the defendant 21 days
21/04/04 Affidavit with order 6, rule 17 produced before court, next hearing date given 1
24/05/04 Further postponement for producing full documents 17 days
10/06/04 Defendant 2 takes no steps for producing requisite affidavits. Defendant 2 registered due 1
to death of defendant 1. Plaintiff prays for amendment of the plaint as some of the facts
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125736/2019/NM
are urgently revised for the death of defendant 1. Proposed amendment is formal in
nature and will not change the nature and character of the suit
06/07/04 Defendant files hazira. Affidavit files are submitted by the plaintiff 1
14/07/04 Extension and adjournment as judge was physically sick 2.5
01/10/04 Additional data needed to be provided by the defendant 2.5
16/12/04 Both parties requested for an extension 2
11/02/05 Defendant submits documents on court for further proceedings, next hearing date given 1
19/03/05 S/DP, H date fixed for 16/07/05. Hearings for main suit has been stalled 4
16/07/05 Further extension given on appeal 2
10/09/05 Defendant prayed for time to extension for further hearing 2
18/11/05 Defendant files P receipt, AD for further review 1
23/12/05 Defendant was absent on call 2
16/02/06 Plaintiff prays for an extension 2
17/04/06 Due to cease of the working of the court, hearing postponed 1.5
06/06/06 Hearing takes place along with arguments presented by both parties, date given for 2
further hearing
03/08/06 Both parties were absent 2
27/09/06 Defendant 2 absent on call, defendant 2 needed to show cause of absence on next hearing 1.5
due to repetitive absence
14/11/06 Defendant did not file show cause 1.5
22/12/06 Show cause submitted with a fine of Rs. 200/- 3
30/03/07 Both parties present, hearing takes place 2
28/05/07 Both parties were absent 1.5
19/07/07 Again defendant 2 needed to show cause as to why they shall not be penalized 5
26/12/07 Despite repeated calls no one appears on behalf of defendant 1
18/01/08 Defendant filed show cause. S/A and A/D executed 2
12/03/08 Defendant request extension 2
15/05/08 Another extension given to plaintiff for producing further evidences 1
12/06/08 Plaintiff requests extension 1
06/08/08 Hearing takes place, date given for next hearing 1.5
17/09/08 Request placed by defendant for further extension 3
12/12/08 Requisite documents not submitted 1.5
28/01/09 Defendant prays for extension, all documents not properly recorded 1.5
05/03/09 Defendant files petition for time for further steps. Adjourn cost will be Rs. 1000/- 1
16/04/09 Plaintiff files petition for adjournment 1.5
03/06/09 Hearing takes place, date given for next hearing 1
07/08/09 Plaintiff files a prayer for further adjournment 4
30/11/09 Both parties take no steps, postponed for argument exparte 3.5
12/03/10 Plaintiff files hazira. Case taken up for hd argument exparte. Hd argument in full. Fixed 12 days
date of 24/03/10 for exparte orders
24/03/10 Final decree given. The day is fixed for order and record taken up for the same. Suit is 2
dismissed exparte and no injunction provided
31/05/10 Decree prepared, sealed and signed.
293
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one of the major reasons has been the fact that the original defendant died while the case
was still going on. Since his son stepped up as defendant 2, a lot of formal paper works and
re-arrangements needed to be done and the case history shows that the defendant has been
irregular on multiple occasions, missed the hearing dates on several times to the extent that
he had to be finally show caused and penalized by the honorable judge. Also there have been
issues with incomplete paper works on multiple occasions. In a few instances, even the
plaintiff was absent on the hearing date. In a couple of other extraordinary situation, there
has been a strike by the lawyers, while on one occasion the judge felt sick as well. Apart from
that there are huge gaps between two hearing dates which account for the summer vacation,
festival vacation which continues for over a month solely for the judiciary system. Hence, we
can conclude that while partly the delay can be attributed to the flaws and malfunctioning of
regular judiciary operations, majority of the delay has been due to the extensions and absence
on the part of the defendant, which can also be a strategy to collect better evidences and
buying out time to further strategize their next move. And surprisingly, the final decree shows
that somewhat the defendant was successful in following such a plan.
Date of hearing Actions taken/Order given Date of next Duration till Remarks
hearing next hearing
(approx..)
29-04-1980 Register a file summons upon the defender filling 06-06-1980 1 month Adjourned so that
summons can be issued
to defendant and time
allowed to file response
Petitioner files a petition under 3c & 151 CPC, 03-05-1980
Imported by an affidavit dated on 20th April 1980
praying for issuing an order of temping against the
defender no 1 restraining him from creating any
disturbances, in the peaceful possession of the
petitioner, over the suit land during pendency of the
suit.
It is put up to date for order. Scrutinized PETITION
and affidavit.
Issue notice upon the defender no1, directing him to
show cause within 10 days from the date of receiving
notice as to why an order of temping shall not be
granted against him as prayed for.
Prayer for affidavit injunction considered. Prima facie
is satisfied.
That the prayer for affidavit injunction is allowed,
provided the petitioner comply him provisions under
39 Rate 3 (a) (1) (11) (111) and CPC by 3rd May 1980.
Petitioner files a PETITION praying for nature of
documents an on condition to report the same, for
02-05-1980 the reasons stated. The prayer is allowed. 1 day
On compliment of the order on dated 2nd may 198, Time for awaiting receipts
03-05-1980 the petitioner files affidavit. 04-08-1980 3 months of summons
294
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295
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cost .
Time is allowed till 27/6/83 for payment of cost
Defender files a PETITION praying for time to pay
cost. Defender requested for
27-06-1983 Time is allowed till 19/8/83 for payment of cost 19-08-1983 2 months time
Petitioner files hazira
Defender files a PETITION praying for time to pay
cost. Defender requested for
19-08-1983 Time is allowed till 14/11/83 for payment of cost 14-11-1983 3 months time
The date is declared holiday. It is put up today for
orders
Defender to pay cost by 15/1/84
Cost not paid. Defender state is to show cause by
15-11-1983 13/3/84 as to why the WS shall not be struck off 15-01-1984 2 months Issued show cause notice
Cost not paid. Defender state is to show cause by
15-01-1984 13/3/84 as to why the WS shall not be struck off 13-03-1984 2 months issued show cause notice
PETITION files hazira. Defender state files show
cause. Petitioner not taken any steps. Hence the WS Defender requested for
13-03-1984 be struck off. Fix 13/6/84 for Exp hearing. 13-06-1984 3 months time
Petition files a petition praying for time for the
adjourn of exp.hearing. Considered the prayer. Time Defender requested for
13-06-1984 is allowed till 30/10/84 for exp. Hearing 30-10-1984 4.5 months time
Petition files a petition praying for time for the
adjourn of exp.hearing. Considered the prayer. Time Defender requested for
30-10-1984 is allowed till 18/3/85 for exp. Hearing 18-03-1985 4.5 months time
Defender files 3 petitions for show causing of delay &
another for vacating exp order & another for time to
pay costs. Copy served. The show cause is sufficient
for delay to be considered.
Exp .order be vacated subjected to payment of costs
of Rs 8.
To 4/6/85, for payment of costs the heirs of trust
also file a petition for being subjected to plaintiff
who died on 25/12/84. Copy served Adjourned for further
18-03-1985 To date for hearing of their petition 04-06-1985 2.5 months hearing
Petition filed hazira. No time today. To 9/9/85 for
hearing the summons. Petition dated on 18/3/85 to Defender requested for
04-06-1985 date for payment of costs 09-09-1985 3 months time
Parties files hazira. Today is fixed for hearing the
summon petition dated on 18/3/85. Name of the
plaintiff be substituted in place of deceased plaintiff. Defender requested for
09-09-1985 To 29/11/85 for payment of costs by the defender 29-11-1985 3 months time
Plaintiff files hazira
Defender files a PETITION praying for time to pay
cost
Time is allowed till 10/2/86 for payment of cost
The heirs of plaintiff no 1 files a petition for being
substituted in place of plaintiff no 1, who died on Defender requested for
29-11-1985 18/10/85. Copy served 10-02-1986 3 months time
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Plaintiff files a PETITION praying for time to pay cost Defender requested for
10-02-1986 Time is allowed till 30/7/86 for payment of cost 30-07-1986 6 months time
Plaintiff fila a petition praying for time for expert
hearing. Defender files 3 petitions 1) for show
causing 2) for time to file WS 3) for vacating the
expert hearing copy served. considered cause shown
sufficient. Expert order is here by vacated. Plaintiff Defender requested for
30-07-1986 petition for time is allowed 26-09-1986 2 months time
Plaintiff files hazira. Defender neither files any hazira Defender requested for
26-09-1986 nor takes any steps. To 25/2/87 for expert hearing 25-02-1987 5 months time
Plaintiff fila a petition for expert hearing. Defender
file 3 petitions
For showing cause
For time for WS
For vacating the expert hearing
Considered cause showing. Expert order be vacated Defender requested for
25-05-1987 subjected to file ws 15-05-1987 3 months time
Plaintiff file hazira. Defender neither file any hazira Defender requested for
15-05-1987 nor take any other steps 26-11-1987 6 months time
Plaintiff fila a petition for expert hearing. Defender
file 3 petitions
For showing cause
For time for WS Defender requested for
26-11-1987 For vacating the expert hearing 06-02-1988 2.5 months time
PRESENT
SA MOTALEB
parties file separate petition praying time. Prayer is Adjourned for further
06-02-1988 allowed. 11-07-1988 5 months hearing
Plaintiff files a petition for time for steps. Prayer is Plaintiff requested for
11-07-1988 allowed TO 20/12/88 for steps 20-12-1988 5 months time
Plaintiff files a petition for time for steps. Prayer is Plaintiff requested for
20-12-1988 allowed TO 10/5/89 for steps 10-05-1989 5 months time
Plaintiff files a petition for time for steps. Prayer is Plaintiff requested for
10-05-1989 rejected TO 22/8/89 for payment 22-08-1989 3 months time
Plaintiff files hazira
Defender files a PETITION praying for time to pay
cost. Prayer is allowed. To 15/1/90 to cost by Defender requested for
22-08-1989 defender 15-01-1990 5 months time
parties file hazira. Defender took no steps for Defender requested for
15-01-1990 payment of costs. To 29/5/90 for expert hearing 29-05-1990 4.5 months time
Plaintiff files a petition for time for Expert hearing.
Defender files 3 petitions for vacating the exp.
hearing. Judge considered cause shown is sufficient.
Exp order be vacated subjected to file WS. To Defender requested for
29-05-1990 28/8/90 for WS 28-08-1990 3 months time
Plaintiff files hazira. Defender took no steps. TO Defender requested for
28-08-1990 7/3/91 for exp hearing 07-03-1991 6.5 month time
Plaintiff files a petition for time for exp hearing. Defender requested for
07-03-1991 Defender files 3 petitions for vacating the expert 17-05-1991 2 months time
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298
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299