TITLE APPEAL No. 17 of 2018 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 1 r. 10; O. 6 rr. 1, 10, 17
Key paragraphs
- Para 1212. As a sequel, the revisional application stands allowed.
Judgment
plaintiff filed the Title Suit No. 80 of 2013 before the Learned Civil Judge (Junior Division), 1st Additional Court, Contai, District – Purba Medinipur and that suit was decreed on 31.01.2018 which was assailed in Title Appeal No. 17 of 2018.
It is further contended that nowhere from the orders passed by the Appellate Court that since the time of filing of the appeal, it is found that summons were served upon the respondent no.1, i.e. plaintiff of the suit.
It is submitted that Learned Judge without being satisfied about service of notice upon the respondent no.1, disposed of all the applications filed by the appellant/opposite party no.1 herein.
I have gone through all the certified copies of the orders from 20th February, 2018 when appeal was filed till 06.07.2019 when the Learned Judge allowed applications under Order 6 Rule 1 CPC as well as Order 1 Rule 10 CPC.
From the subsequent order dated 14th August, 2019, it is found that appellant was directed to take steps upon the respondent no.1/petitioner herein.
Therefore, it is clear that notice of appeal was never served upon the respondent no.1 i.e. sole 3 plaintiff and thereby learned Judge denied the right of opportunity of being heard by allowing all the applications under Order 6 Rule 1 CPC as well as under Order 1 Rule 10 CPC.
Therefore, the impugned order, in my humble opinion, is not sustainable in the eye of law.
As a sequel, the revisional application stands allowed.
Learned Judge is requested to take steps under Order 6 Rule 10 CPC as well as under Order 1 Rule 10 CPC after giving opportunity of hearing and filing of written objection, if any, to the respondent no.1/the petitioner herein to the appeal as expeditiously as possible.
All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities. (Bibhas Ranjan De, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.