lN THE HIGH COURT OF SIKKiM OF]DEF` SHEET ...„£1vil..Revi`q.lan ....... „ .......... NO. 1 Yangzilla of 200S. I..AshQk...Kurrar&..anpetitioner/Appellant Versus Bhutlanl Bespondent Order with Signature Heard Mr. r.K. Chandak. learned coulsel for the petitioner. Adin`1t the -petition. Gal.1 for the rec!ords. Let usual notice bet 1ssued\ uporL the opposite party to show cause as to Jwhy the lmpogncd order dt[t.ed 3-11-.2004 passed by the learned Dlstrlct Fudge(East & Worth) , Speclal* Division-II ln Civil Suit No.1 of 2003 should not be set aside as prayed for. A Nc)tlee is made returnable on 17-3-2005. In the meantime, furihe.r proceedings of Clvil' S`ilt. No.1 'o£ 2003 now pending ln the Court of the learned Dlstrlct Judge.J Spct±;-al Divl5ioTT-I (as highlighted by the learned counsel)+ ghat,I rertialn, suspended until further orders of • this Court. Office Note as to action (it any) taken on Order LCLknoL CLLrd F~ J1-i-"~.tlg \ oJqu4i` I;ul .~ .Lci-,I-O •::.`:;!...I:tt..|.!.t ii_. ialOf'er DateofOrder Order with Signature '`-::-:-..::.`.i+`takenonOrder 1I,\ -3-2005r:sr:/ Heard }tr. r.K. Chandak. learned •.I ; `(,{` counsel for the petitioner and Mr. T.a. The learned counsel who er`tered appearance on behalf of the plaintiff/opposite Party- £e8ponder`t. The Registry has already received the case record fro.a the Court below and as such the matter .1s ripe for hearing. As prayed .for by Mr. Thapa, learned counsel for the responde.rit, the matter be listed after th.fee weeks. It ls submitted by Mr. Thapr that the orlglnal Sale rieed • in question registered vide Book nyo.-I. Volume Wo.V. Item tto.665 for the year 1996 1s releavnt for the just det'ermlnatlori of `.,`., .`\ -.,.i....I..........,..rfi.:.``¢.,.i.,.,....:....I.,.`.-,=,`1.`,``,j``.... the real points ln controversy between the parties and as Such lt may be .called for. In view of it. let the original Sale obeed :=ultry##.I+Ia,,T®`--Lq-- be called for front the of£1ce of the Sub- Reglst.raf. -East I)1strlc=t, Gangtok. Silcklrn. The matter be listed on` 19-4-2005 for hear[no. chi:i= suife?£c€±±°P' - \Pte i 3.19 4.1 4-2005 -5-200 Order with Signature As prayed for by Mr. N. Rat, 1eamed counsel appearing for and on behalf of Mr. T.B. Thapa who is indisposed at the moment and went for treatment to Delhi, this matter be listed for hearing on 12-5-2005. Mr. S.K. Homechaudhuri, learned senior counsel assisted by Mr. 8. Saha in his usual frankness raised no objection to the prayer. pus:r.fi#+ Chief Justice(Acting) As prayed for by Mr. r.K. Chandak, learned counsel. the matter be listed for hearing on 13-6-2005. Mr. T.a. Thapa, learned senior counsel assisted by Mr. A.r.sfiama, learned counsel who put their appearance on behalf of the sole r`esponder`t have no objection on. the prayer of adjournment. (N. Sur Chle£ J:s&fa Off ice Note as to action (if an.y) taken on Order Se SeriaNo.oOrdeI Datef'of ` Order with signature officeNotTL#o ` r Order action tit any)takenonOrder 5.13-6.2 5 Upon hearing Mr. Home J.H. Choudhury, leaned senior counsel assisted by M. Bjjay Saha and M. J.K. Chandak, 1eamed counsels for the petitioner/defendant and M. T.B. Thapa, leaned senior counsel assisted by M. J.K. Prasad Jal-swal for the respondent/plaintiff, I am of the view that this revisioli petition can be disposed of finally with tlle following consent order:- The parties have no objection to add and implead one fresh issue namely "Whetlier the plaintiffs claim is based on collusive, void & fraudulent doduments?" According to me, to meet the ends of justice this issue is an important and essential one for just detein].nationffi=e real points in^v controversy between the parties. In v].ew of the above position, the learned trial Cout shall treat this issue as Issue No.8 (additibnaf issue) and the parties shall. bea afforded reasonable opportunities of being heard on all r:1ated issues including this additional issue in support of their respective cases. At this juncture, It is made clear that this Court is not interfering with the -impugned order. Accordingly, I direct the trial Court to dispose I • SerialNo.of ` .igateof Order with Signature Office Note as toaction(ifany) Order Order taken on Order of the Civil Suit No.1 of2003 expeditiously in I.£^ha ted cF,ul-``=e.`dlo``..`.I.ud.`..(Ll-C.®5---.::---:-----=::--:::--:i.---`:-,-..---I--a- accordance with law. Parties are directed to appear before the trial Court on 24-6-2005 at 10.30 A.M. and thereafter, the trial Court shall pass necessary order in accordance with law. For the reasons, observations and directions made above, this Civil Revision is finally disposed of. But no order as to costs. The related records be sent to the trial Court immediately. Registry is to take follow up action in the matter. A- ' N`OV.Surj mani Singh) Chief Justice(Acting)