Extracted from the PDF above. The PDF is authoritative.
N.22Sl 151/CL 10.03.26 Sl-19 Ct-06 (S.R.)
CO 792 of 2026 Radha Nath Nandy v. Susanta De & Anr. Mr. Radha Nath Nandy … in-person.
1. By this revisional application the petitioner has raised a grievance that the learned Judge Bench-II, Presidency Small Causes Court has not decided the point of maintainability despite a direction having been passed by this Court on August 20, 2025 in CO 2990 of 2025.
2. The petitioner appearing in person submits that by an order dated August 20, 2025 a Coordinate Bench of this Court had, while disposing of C.O. 2990 of 2025, directed the learned Trial Court to take up the hearing on the point of maintainability on the next date fixed i.e. August 29, 2025 and decide such issue as expeditiously as possible without granting any unnecessary adjournment to either of the parties.
3. It is submitted that despite such order being passed, the issue has not yet been decided. Attention of this Court is invited to the order dated January 22, 2026 passed by the learned Trial Court and it is submitted that on the said date too, the matter was fixed for further orders on March 20,
2026.
4. Since there is already an order dated August 20, 2025 requesting the learned 2nd Judge, Presidency Small Causes Court at Calcutta to take up the hearing on the point of maintainability and decide the same expeditiously without granting any unnecessary adjournment to either of the parties, it is expected that the learned Trial Court would pay due respect to such request of this Court and would ensure that hearing on the point of maintainability is concluded at the earliest so as to ensure that the petitioner is not required to approach this Court again seeking a further direction for expeditious decision on the issue.
5. CO 792 of 2026 stands disposed of. No costs.
6. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 2