Sadhana Kundu v. Subrata Das And ORS (Smt Uma Rani Das Since Deceased)

8.

15-12-2023 (Ct. no.06) debajyoti

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction APPELLATE SIDE FA 176 of 2012 + IA NO:CAN/8/2023 Smt. Sadhana Kundu Vs.

Sri Subrata Das & Ors.

Mr. Tuhin Subhra Raut ... For the Appellant/Petitioner.

Re : CAN/8/2023 Receipted copy of notice of this application served on learned advocate-on-record for the respondents, filed in Court today, be kept with the records. Nobody appears to oppose this application. This is an application for restoration of FA 176 of 2012, which was dismissed for default on October 16, 2023.

Having heard learned counsel for the applicant/appellant, we are satisfied with the explanation furnished for absence of learned advocate for the appellant on the day the matter was dismissed for default.

Accordingly, the order dated October 16, 2023, is recalled and FA 176 of 2012 is restored to its original file and number.

CAN 8 of 2023 is, thus, disposed of.

List this matter under the appropriate heading on January 09, 2024.

Since the respondents are not represented today, learned advocate-on-record for the appellant shall communicate today's order to learned advocate-onrecord for the respondents. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.

(M. V. Muralidaran, J.) (Arijit Banerjee, J.)