Shipra Bose And ANR. v. Kanchan Kr. Basu And ORS.

14.03.2024 Court No. 19 Item no.245 CP C.O. No. 1276 of 2023 With CAN 1 of 2023 Smt. Shipra Bose & Anr.

vs.

Sri Kanchan Kumar Basu & Ors.

Mr. Rajendra Banerjee ... for the petitioners.

Affidavit of service is taken on record.

Despite service, none appears on behalf of the opposite parties.

CAN No. 1 of 2023 is an application for restoration of C.O. No. 1276 of 2023 which was dismissed for default on June 16, 2023.

Upon perusal of the grounds stated in paragraph 3 of the said application, this court is satisfied that the petitioner was prevented by sufficient cause from appearing before the court when the matter was called on. The order dated June 16, 2023 is recalled. CAN No. 1 of 2023 is allowed and disposed of accordingly.

C.O. No. 1276 of 2023 is restored to its original file and number.

The petitioners who are the defendants pray for expeditious disposal of the counter claim in connection with Title Suit No. 81 of 2013, which is pending before the learned Civil Judge (Junior Division), 1st Court at Sealdah.

It is submitted that the suit was dismissed for default and the restoration application has also been dismissed.

This court is not in a position to ascertain the correctness of the actual state of affairs. Whether the plaintiffs have proceeded against the order of dismissal of the restoration application is not known.

The learned court is directed to take expeditious steps, strictly in accordance with law with regard to the pending proceeding.

This court has not expressed any opinion on the merits of the pending proceeding.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)