Ramjan Mondal & ORS v. State Of West Bengal & ORS

13.10.2023 Item No.2 Ct. No.5 CHC FMA 2729 of 2013 IA NO: CAN/5/2023 Ramjan Mondal & ors.

Vs.

State of West Bengal & ors.

Mr. Rudra Jyoti Bhattacharjee ...for the appellants The appeal was dismissed for default on September 21, 2023.

Appellants seek restoration of this appeal by this application.

When the restoration application was taken up for consideration, we requested the learned advocate for the appellants to address us on the merits of the appeal.

Learned advocate appearing for the appellants submits that, he requires more than a months time to prepare himself on the merits of the appeal.

Merits of the appeal are one of the pre requisites for consideration as to whether or not, an order of dismissal for default should be recalled. Although Courts are lenient while considering an application for restoration and the litigant should not suffer for the conduct of the Advocate, we are constrained to find that, the appellants seek to have

the appeal restored as a matter of right. Such a stand cannot be accepted.

Since appellants are not interested to proceed with the appeal as appearing from the conduct noted above and since strategically pendency of an appeal should not be countenanced, we find no reason to restore the matter.

CAN/5/2023 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)