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Calcutta High CourtCO/2349/2015dismissed for default

Reba Das v. Satya Prokash Dhar & ORS.

2023-12-20Hon'Ble Justice Prasenjit Biswas1 pages

20.12.2023 Srimanta Sl. No. 05 Ct. No. 655 IA No.:CAN/1/2016 (Old No.:CAN/8865/2016) in CO/2349/2015 Reba Das & Ors.

-Vs.- Satya Prokash Dhar & Ors.

Both parties are not represented.

It appears that the instant revisional application is preferred challenging the impugned order dated 14th November, 2014 whereby learned Trial Court rejected the application filed by the defendants praying for appointment of an Advocate Commissioner under Order 39 Rule 7 of Civil Procedure Code. It further appears that the revisional application preferred by the petitioners was dismissed for default on 14th July, 2016 and thereafter an application is taken out on behalf of the petitioners for restoration of the said revisional application. There is reasonable ground to believe that the petitioners are no longer interested to proceed with the present case. So, there is no option but to dismiss the revisional application. Accordingly, the revision application being CO/2349/2015 is dismissed for default.

Consequently, the connected application being CAN/8865/2016 is also dismissed.

Interim order, if any, stands vacated.

There will be no order as to costs.

(Prasenjit Biswas, J.)