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Calcutta High CourtCO/596/2019dismissed for non prosecution

Dipak Singha @ Dipak Kumar Singha & ORS v. Uttam Kumar Nayak & ORS

2022-12-14Hon'Ble Justice Partha Sarathi Sen2 pages

S/L 7 14.12.2022 Court. No. 12 Sourav CO 596 of 2019 Sri Dipak Singha @ Dipak Kumar Singha & Ors.

Vs.

Sri Uttam Kumar Nayak & Ors.

Mr. Sanjib Das ... for the petitioners.

At the time of hearing, learned advocate for the revisionist has handed over a photocopy of Order No. 136 dated 31.10.20222 as passed in Title Suit No. 58 of 2015 by the learned Civil Judge (Junior Division), 1st Additional Court, Contai, wherefrom it reveals that the Title Suit No. 58 of 2015 has been dismissed for not taking any steps by the plaintiff.

It is thus submitted that in view of the dismissal of Title Suit No. 58 of 2015, the present revisional application has become practically infructuous.

In view of such, CO 596 of 2019 is dismissed for nonprosecution. Liberty is given to the present defendants/petitioners to file an application for revival of the instant revisional application if subsequently Title Suit No. 58 of 2015 is restored to its own file after setting aside the order of dismissal.

Department is directed to forward a copy of this order to the learned trial Court for his/her information and record.

(Partha Sarathi Sen, J.)