Kartick Chandra Nag v. Shibdas Rakshit Modak & ORS.

Item 24.04.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Ct CO 2585 of 2017 With IA NO: CAN 1 of 2024 rup Kartick Chandra Nag Vs Sri Shibdas Rakshit Modak & Ors.

Mr. Subhas Chandra Atha, Ms. Payel Pramanik.

... for the petitioner.

1.

Learned counsel appearing on behalf of the petitioner has submitted that the instant revisional application was dismissed for default on 12.03.2024 and consequently one application for restoration of the same to its own file was filed and on query it is found that the said restoration application being CAN 1 of 2024 lost from the department.

2.

One report has been received by this Court from the Section Officer of Rule Section, wherefrom it is found that the said application being CAN 1 of 2024 in connection with CO 2585 of 2017 was received by the Rule Section on 27.06.2024, but subsequently the said application could not traced out despite search. However, department has sought for time to find out the same.

3.

Considering the urgency, the xerox copy of the application being No. CAN 1 of 2024 for restoration be treated as original.

4.

Report of the Rule Section be kept with the record. 5.

Petitioner is directed to serve notice in respect of CAN 1 of 2024 to the opposite parties through speed post with A/D and to file affidavit of service on the returnable date.

6.

Let the matter appear on 28.4.2024 under the heading "To Be Mentioned".

(Bibhas Ranjan De, J.)