Calcutta High Court (Appellete Side)
Niranjan Khanra & Anr vs Shri Shyamal Kumar Mukherjee & Ors on 12 December, 2018
1 08,SL.Ct.21. 12.12.2018
AJ.
C.O. 3142 of 1991 with C.A.N. 1968 of 2012 with C.A.N. 1969 of 2012 Niranjan Khanra & Anr.
-Vs-
Shri Shyamal Kumar Mukherjee & Ors. Mr. S.P. Roy Chowdhury, Ld. Sr. Adv., Ms. Usha Maity, Mr. Kapil Chandra Sahoo.
....for the petitioners.
Mr. Aniruddha Chatterjee, Mr. Rahum Karmakar.
....for the opposite parties.
In Re: C.A.N. 1968 of 2012 & C.A.N. 1969 of 2012 C.A.N. 1969 of 2012 is an application for restoration of the revisional application which was dismissed for default on July 27, 2011.
C.A.N. 1968 of 2012 is an application for condonation of delay of 180 days in filing the aforementioned application for restoration.
Perused the applications.
It appears that sufficient cause has been shown in the application to condone the delay in filing the application for restoration. The delay, therefore, in filing of the said application is condoned.
The application for condonation of delay being C.A.N. 1968 of 2012 is allowed.
2It appears that sufficient cause has been shown which prevented the petitioners from appearing before the Court when the revisional application was called on for hearing.
The order dated July 27, 2011 is, therefore, recalled. The revisional application being C.O. 3142 of 1991 is restored to its original file and number.
The application for restoration being C.A.N. 1969 of 2012 is, thus, allowed.
In Re: C.O. 3142 of 1991 On the joint prayer of the learned advocates for the parties, let the revisional application come up in the Supplementary List on January 09, 2019 under the heading "Contested Application".
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)