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Calcutta High CourtRVW/150/2025dismissed

Raj Kumar Ghosh v. Saraswati Pal And ORS.

2025-12-12Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

12.12.2025.

Item No. 9.

Court No. 13 ap R.V.W. 150 of 2025 With I.A. No. CAN 1 of 2025 Raj Kumar Ghosh

Versus

Saraswati Pal & Ors.

Mr. Probal Kumar Mukherjee, ld. Sr. Advocate, Ms. Shebatee Datta.

...For the appellant.

Re: CAN 1 of 2025 (Condonation) 1.

Affidavit-of-service filed in Court today be taken on record.

2.

CAN 1 of 2025 is an application for condonation of delay of 215 days in preferring the application for review.

3.

It is submitted at paragraph 7 that certified copy of the judgment dated 9th September, 2024 was applied for on 25th September, 2024.

4.

There is no explanation as to why the certified copy of the judgment dated 9th September, 2024 was applied with such delay. There is no explanation as to what the appellant was doing for the aforesaid period. 5.

The explanation for the subsequent period that the Clerk had misplaced the counter part of the application is not supported by any document. The illness of the appellant, for being unable to contact the Clerk or his Advocate is not supported by any document.

6.

It appears to this Court that the actual application made for certified copy on 24th February, 2025, when the appellant woke up to consider seeking review of this Court's order dated 9th September, 2024. 7.

In view of the above, this Court is unable to condone the delay of 215 days in filing the Memorandum of Review.

8.

CAN 1 of 2025 shall stand dismissed.

9.

Consequently, R.V.W. 150 of 2025 shall also stand dismissed.

10.

There will be no order as to costs.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)