Case Note & Summary
The case involved the State of West Bengal and the West Bengal Housing Board regarding procedural matters in a civil appeal. A minor controversy arose concerning the representation of the Housing Board by Mr. Bijan Ghosh, as Mr. H.K. Puri had previously been the advocate-on-record. To resolve this issue, the Supreme Court exercised its powers under Order 47, Rule 1 of the Supreme Court Rules, allowing Mr. Ghosh to represent the Housing Board. The original Civil Appeal No. 1505 of 2003 had been disposed of on 6th November 2008, with specific directions for the Housing Board to file written statements and necessary documents within stipulated timeframes. The court had also directed the Reference Judge to dispose of the matter expeditiously. An application was made for an extension of time for the disposal of the Reference, which was set to expire on 6th May 2009. After hearing the counsel for the parties, the court granted an extension until 30th June 2009, allowing the Housing Board to examine relevant witnesses. The order aimed to facilitate the timely resolution of the matter while ensuring all parties had the opportunity to present their evidence. The court directed that a copy of the order be made available to the parties promptly.
Headnote
A) Civil Procedure - Representation by Advocate - Fresh Vakalatnama - Order 47, Rule 1 Supreme Court Rules - The court allowed a fresh vakalatnama to be filed by Mr. Bijan Ghosh on behalf of the West Bengal Housing Board to resolve a minor controversy regarding representation. The court exercised its powers to facilitate the representation and ensure the matter proceeded without further dispute (Paras 1-1). B) Civil Procedure - Extension of Time - Disposal of Reference - Not mentioned - The court extended the time for the disposal of the Reference to 30th June, 2009, allowing the Housing Board to examine relevant witnesses. This extension was granted to ensure the matter was resolved expeditiously as previously directed (Paras 2-2).
Issue of Consideration
Whether to allow a fresh vakalatnama and extend the time for disposal of the Reference
Final Decision
The Supreme Court allowed the fresh vakalatnama to be filed by Mr. Bijan Ghosh and extended the time for the disposal of the Reference to 30th June 2009, directing the Reference Judge to allow examination of relevant witnesses.
Law Points
- Order 47
- Rule 1 Supreme Court Rules
- extension of time
- representation by advocate-on-record
