Calcutta High Court (Appellete Side)
Kutubuddin Khan & Ors vs Subhas Singha Deb & Ors on 18 December, 2017
Author: Biswanath Somadder
Bench: Biswanath Somadder
1 18.12.2017
IN THE HIGH COURT AT CALCUTTA (PP) CIVIL APPELLATE JURISDICTION APPELLATE SIDE CAN 10843 of 2017 in MAT 1964 of 2017 Kutubuddin Khan & Ors.
Vs. Subhas Singha Deb & Ors.
Ms. Ankita Dey, Proxy advocate ....for the applicants/appellants. The matter is in the list for a considerable period of time. In the Presentation Form, under serial no.15, the learned advocate-on- record has indicated that the matter be listed on 22nd November, 2017. The record reveals that on 29th November, 2017, the matter was adjourned because no one came forward to prosecute the matter on behalf of the appellants.
Even today, a proxy advocate appears and prays for an adjournment so that the matter can be taken up by this Court after the christmas vacation.
We do not find any plausible or justifiable reason to accede to such prayer for adjournment. Ordinarily, the appeal along with the connected application ought to be dismissed for default on this ground alone. However, purely in the interest of justice, we direct 2 the matter to go out of list and appear in the combined monthly list of February, 2018, under an appropriate heading.
(Biswanath Somadder, J.) (Moushumi Bhattacharya, J.)