07.07.2026 Ct No.2 D/L 25 Mujahid CO 4350 of 2023 Niranjan Kumar Mondal Vs. Sri Aditya Kumar Das Mr. B.P. Mondal Mr. Sukanta Mondal …for the petitioner Mr. Saikat Sen Mr. Sagnik Chatterjee …for the opposite party 1. Present petitioner has been filed challenging he order dated 1st December, 2021 whereby the learned trial court appointed a learned Advocate as learned Pleader Commissioner for the purpose of inspection. 2. Learned counsel for the petitioner submits that this order was passed ex parte and, therefore, liable to be set aside. 3. However, learned counsel for the opposite party submits that the present petition has been filed with ulterior motive and the petitioner has concealed material facts. Learned counsel submits that the present petition was filed on 13th December, 2023 and when the matter was taken up for hearing by the Coordinate Bench of this Court on 4th December, 2024, learned counsel for the petitioner made a statement that no commission work has yet been 2 held. Learned counsel submits that on this misrepresentation, a short stay was grated. 4. Learned counsel for the opposite party submits that this statement was false on the face of it. Learned counsel has produced a copy of the order of the learned trial court dated 28th August, 2023, which clearly shows that the commissioner had already submitted his report. Learned counsel further submits that against the impugned order dated 1st December, 2021, the petitioner/defendant had moved an application for recall of the order and the same was dismissed by the learned trial court on 28th August, 2023. Learned counsel submits that this fact was also not disclosed before this Court. 5. Learned counsel for the petitioner submits that he was not instructed by the client and renders apology. 6. Since the material facts have been concealed, the Court considers that the present petition is liable to be dismissed outrightly. 7. Petitioner is directed to be careful in future. 8. There shall be no order as to costs. 9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)