Nand Kumar Shaw v. Geeta Devi And ORS

12.07.2024 Item No. 14, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2442 of 2024 Sri Nand Kumar Shaw -Vs- Smt. Geeta Devi & Ors.

Mr. Shuvanil Chakraborty, Ms. Payel Ghosh.

......for the petitioner.

The learned Judge, Bench-V, City Civil Court at Calcutta, by the order impugned dated February 02, 2024 has refused to condone the delay in filing of the Misc. Case No. 951 of 2022.

The Title Suit No. 385 of 2002 was dismissed for default on November 10, 2014; more than seven years thereafter, the application under Order IX Rule 9 of the Code of Civil Procedure was filed for restoration of the said suit.

The learned Trial Judge, for want of explanation, has refused to condone the said delay. This Court does not find any illegality and/or infirmity in the order impugned warranting interference.

C.O. 2442 of 2024 is dismissed accordingly without any order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)