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Judgment
Shampa Sarkar, J
Affidavit‐in‐opposition filed by the opposite party Nos.1, 2 and 3 is taken on record.
The petitioner is the plaintiff in Title Suit No.192 of 2007.
Thepetitioner is aggrieved by an order dated March 14, 2019 passed by the learned Civil judge, (Junior Division) 2nd Court at Burdwan, refusing to recall the order dated April 18, 2018. An application for amendment of the plaint was allowed by the learned Civil Judge, Junior Division, 2nd Court at Burdwan on August 25, 2017. It appears from the order impugned that despite a time frame being fixed by the learned Court below to file the amended plaint, the plaintiff/petitioner failed to file the same. As the petitioner failed to file the amended plaint within time as directed by the learned Court below, the petitioner was precluded from filing the same by an order dated April 18, 2018. Learned Court below recorded that the plaintiff was precluded from filing the amended plaint, considering his reluctance in filing the same. Aggrieved by the said order, the petitioner filed a recalling application.
The defendants/opposite parties filed an objection. Upon hearing the said objection, the learned Court below refused to recall the order dated April 18, 2018 being dissatisfied with the conduct of the plaintiff.
Aggrieved by the order dated March 14, 2019, which is impugned before this Court, the petitioner submits that the plaintiff was unwell and as such could not file the amended plaint within the stipulated time.
Mr. Giri, learned Advocate appearing on behalf of the defendants/opposite parties submits that despite several opportunities the plaintiff chose not to file the amended plaint and no further indulgence should be given to the plaintiff under the provisions of Order VI Rule 18 of the Code of Civil Procedure.
Having considered the rival submissions, this Court is of the opinion that time to file the amended plaint can be extended by the court. Considering the age of the plaintiff and submissions made before this Court, as a last chance, time to file amended plaint is extended upto December 24, 2019. The opposite parties will be at liberty to use their additional written statement within a month from the receipt of the amended plaint. In default in filing the amended plaint within December 24, 2019 the suit will proceed on the basis of the plaint originally filed by the plaintiff.
With the observations made hereinabove, the order dated March 14, 2019 passed by the learned Civil Judge, Junior Division, 2nd Court at Burdwan is set aside.
It also appears that the suit is an old one and thus the learned Court below is requested to dispose of the suit within a reasonable period as expeditiously as possible preferably within a period of one year without granting unnecessary adjournments to either of the parties.
This revisional application is, thus, disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.