Calcutta High Court (Appellete Side)
7/2013 on 26 July, 2013
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 07.13 ab R.V.W. 7 of 2013 In C.O. 962 of 2012 Re: An application under Section 5 of the Limitation Act being C.A.N. 7280 of 2013.
Mr. Abhijit Roy, Mr. Rajib Kukar, ... for the petitioner/applicant Affidavit of service filed in Court today be kept with the record. None has appeared on behalf of the opposite parties in spite of notice.
Heard the learned advocate for the petitioner/applicant. In view of the averments as made in paragraph 20 of the application, I am of the opinion that the petitioner has shown sufficient reasons for delay in filing the application for review.
Accordingly, the delay in filing the review application is condoned. The application under Section 5 of the Limitation Act being C.A.N. 7280 of 2013 stands allowed.
The review application shall come up for hearing under the heading "Application" on 23.08.2013.
In the meantime, the petitioner is directed to intimate the opposite parties that this review application shall come up for hearing on 23.08.2013 and to file an affidavit of service to that effect on the next date.
As regards interim order of stay, in consideration of the situation, all further proceeding of Ejectment Execution Case No. 148/11 pending before the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta shall remain stayed till the end of September, 2013 or until further order, whichever is earlier.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties at an early date.
(Prasenjit Mandal, J)