Calcutta High Court
Hemanta Kumar Bhotica & Anr vs Satyanarayan Berlia on 3 September, 2019
Author: Shivakant Prasad
Bench: Shivakant Prasad
OD-26
ORDER SHEET
GA 1278 of 2019
CS 905 of 1981
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
HEMANTA KUMAR BHOTICA & ANR.
Versus
SATYANARAYAN BERLIA
BEFORE:
The Hon'ble JUSTICE SHIVAKANT PRASAD
Date : 3rd September, 2019.
Appearance :
Ms. Manju Agarwal, Adv.
Mr. Bajrang Manot, Adv.
... for the petitioners
Mr. M.C. Ghosh, Adv.
... for the respondent
The Court : In this application the plaintiffs/petitioners have prayed for recall of the order dated 22nd April, 2019 passed in CS 905 of 1981 whereby the suit was dismissed for default.
It appears from the record that the suit appeared in the warning list for quite sometime and thereafter in the peremptory list, but in spite of second call none appeared for the plaintiffs. That apart, delay of 21 days has been sought to be condoned.
It is submitted by learned advocate for the petitioners/plaintiffs that in the suit by an order dated 21st January, 2019, legal heirs of deceased 2 defendant no.7 were substituted and amendments were carried out by the department and it appeared in the daily list on 22nd April, 2019 when the suit got dismissed for default.
It is submitted that learned advocate rushed to Court no.12 but could not reach in time when the matter was called and the suit got dismissed. It is also submitted that since learned advocates of the State of West Bengal had abstained themselves from working from 25th April, 2019 due to pen down strike called by the Bar Association of West Bengal which continued till June 10, 2019 and since the Court was closed for summer vacation and reopened on June 10, 2019, there was delay in finalizing the application for restoration of the suit to its original file and number. There is no wilful default on the part of the petitioners/plaintiffs.
Having heard learned advocate for the plaintiffs/petitioners and the substituted defendants and upon consideration that there is no wilful default on the part of the petitioners/plaintiffs, let the delay of 21 days be condoned and order dated 22nd April, 2019 be set aside and the suit being CS No.905 of 1981 be restored to its original file and number.
As prayed for on behalf the defendant nos. 1a, 2, 3, 4 and 6, liberty is given to file additional written statement within three weeks from the date.
Let the matter be listed accordingly.
(SHIVAKANT PRASAD, J.) RS