Sm. Usharani Debi v. Sm. Runu Dasgupta

20 21.6.2022 Sc Ct. no.12 FA 284 OF 1986 with I.A. No. CAN 5 OF 2022 with I.A. No. CAN 4 OF 2022 with I.A. No. CAN 1 OF 2007 (Old No. CAN 287 OF 2007) -------------- Sm. Usharani Debi Vs.

Sm. Runu Dasgupta Mr. P. C. Paul Chaudhury Mr. Deep Narayan Mukherjee Mr. Gopal Paul Chaudhury Mr. Krishnendu Paul Chaudhury.

..... For the Appellant/ Petitioner Mr. Atarup Banerjee ... For the Respondent I.A. No. CAN 5 OF 2022 with I.A. No. CAN 4 OF 2022 ------- I.A. No. CAN 5 of 2022 is an application for condonation of delay and I.A. CAN 4 of 2022 is an application for restoration of the matter which was dismissed for non-prosecution on 2nd August, 2019. Having heard learned advocates for the parties and taking into consideration the intervening pandemic period which lasted for almost two years, we are satisfied about the delay in filing this application for restoration.

Accordingly, the delay is condoned. I.A. No. 5 of 2022 stands allowed.

Now, the application for restoration of the appeal is taken up.

On perusal of the averments made therein it appears to this Court that sufficient cause had been made out.

Grounds shown therein are cogent.

Accordingly, the restoration application being I.A. No. CAN 4 of 2022 stands allowed. Appeal is restored to its file with its original number.

The applications being I.A. No. CAN 5 of 2022 and I.A. No. CAN 4 of 2022 are disposed of.

(Chitta Ranjan Dash, J.) (Aniruddha Roy, J.)