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Calcutta High CourtCR/4/2010dismissed for default

Rabindra Nath Manna v. Khandu Bala Kundu

2025-12-12Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Rai Chattopadhyay2 pages

17-04-2026 ct no. 13 Sl. 16 sp C.R. 4 of 2010 With CAN 1 of 2026 In FAT 416 of 2009 With CAN 1 of 2010 With CAN 2 of 2010 Rabindra Nath Manna -VersusKhandu Bala Kundu Mr. Rabindranath Mahato, Mr. Aritra Shankar Ray.

...for the appellant.

Re: CAN 1 of 2026 1.

Respondents are not represented.

2.

CAN 1 of 2026 is an application for recall of the order dated 12th December, 2025 passed by a Co-ordinate Bench of this Court.

3.

Sufficient grounds have been made out explaining the absence of the appellant and/or its advocate on 12th December, 2025.

4.

Hence, the order is recalled and the appeal is restored to its original file and number.

5.

CAN 1 of 2026 is allowed and disposed of.

Re: CR 4 of 2010

6.

It appears that there are as many as 77 respondents. Service was attempted twice but in vein.

7.

Having regard to the above, this Court is of the view that service may be effected by substituted means. The appellant shall effect service by publication in newspaper in wide circulation in Paschim Medinipur in vernacular, namely, 'Ananda Bazar Patrika'.

8.

The text of the publication shall be settled by the Registrar, Appellate Side of this Court.

9.

Let affidavit of service be filed on the adjourned date.

10.

List matter on 19th June, 2026.

(Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)