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Calcutta High CourtCRR/35/2018dismissed for default

Achan Sardar @ Achana Sardar v. Sajida Bibi

2019-12-06Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.35 of 2018 With CRAN 1 of 2018 (Old CRAN 653 of 2018) With CRAN 2 of 2019 (Old CRAN 4974 of 2019) (Via Video Conference) D/L 20 January 14, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure read with Section 401 of the Code of Criminal Procedure; Achan Sardar @ Achana Sardar

Versus

Sajida Bibi.

Mr. Gouranga Kumar Das.

...for the petitioner.

In Re: CRAN 2 of 2019 (Old CRAN 4974 of 2019) The petitioner has prayed for restoration of the revisional application, which was dismissed for default on 6th December, 2019. The reasons so assigned in the application for restoration is that learned advocate was ill at the relevant period, as such, on consecutive dates, he could not represent the present petitioner. It has been submitted that the petitioner should not be held to be responsible for not taking any steps before the learned court.

In view of the submission advanced by the petitioner, the same is found to be justified, as such, the order dated 6.12.2019 is hereby recalled. Let the revisional application being CRR 35 of 2018 be restored to its original file and number.

Accordingly, CRAN 2 of 2019 (Old CRAN 4974 of 2019) is

allowed.

The matter would appear under the heading "Contested Application" on 17th February, 2022.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)