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Calcutta High CourtCO/590/2018dismissed for default

Anita Narasundar @ Bhandari v. Bivash Bhandari

2021-08-10Hon'Ble Justice Madhuresh Prasad2 pages

09.03.2022 Item No.4 Ct. No.7 CHC C.O.590 of 2018 IA NO: CAN/1/2021 (Physical Hearing) Anita Narasundar @ Bhandari Vs.

Bivash Bhandari Ms. Tiyasa Ghosh ...for the petitioner In Re: IA NO: CAN/1/2021 The application being IA NO: CAN/1/2021, is for recalling of the order dated 10th August, 2021, passed in C.O.590 of 2018, dismissing the civil revision for default.

Ms. Tiyasa Ghosh, learned advocate appearing for the petitioner submits that there are good grounds disclosed in the relevant averment of this CAN application in support of the prayer for recalling. It is stated in paragraph-'6' of the application that learned advocate for the petitioner could not ensure his appearance, when the matter was called on for hearing, as a result thereof, the revisional application was dismissed for default.

Having considered the submission of the learned advocate for the petitioner, and the explanation offered, the CAN application is allowed. The original

application being C.O.590 of 2018 be restored to its original file and number.

The application being IA NO: CAN/1/2021 is thus disposed of.

Petitioner is directed to serve copy of this transfer application together with a notice intimating that the matter will appear in the list three (03) weeks after by Speed Post with Acknowledgement Due and furnish affidavit-of-service on the next returnable date. List the matter under the heading 'Application' under Section 24 of the Code of Civil Procedure, three

(03) weeks after.

(Subhasis Dasgupta, J.)