Barnali Seal v. Laxmi Kant Joshi

26.07.2021 Item No. 24 Ct. No. 04 PG F.M.A. 4792 of 2016 With I.A. no. 1 of 2016 (Old CAN 9466 of 2016) (not found) r Smt. Barnali Seal Vs.

Sri Laxmi Kant Joshi Mr. Souradipta Banerjee............for appellant Mr. Banerjeee, learned advocate appears on behalf of appellant. He submits, his client was defendant in the suit and suffered order of injunction passed in favour of plaintiff. The appeal was preferred against order dated 28th June, 2016 passed by the trial Court.

He hands up copies of certified copies of order sheet including therein, inter alia, order no. 19 dated 7th September, 2017, by which the suit was dismissed for default and order no. 24 dated 24th July, 2018, whereby the Misc. case for restoration of the suit was also dismissed for default. (Copies of the orders be kept in the file).

He submits, since the suit stands dismissed, there is nothing to be decided in the appeal. F.M.A. 4792 of 2016 with I.A. no. 1 of 2016 (Old CAN 9466 of 2016) (not found), if pending, are dismissed.

(Arindam Sinha, J.)

(Saugata Bhattacharyya, J.)