Sandeep Jain@Sandeep Kumar Jain v. Devika Pradhan

07.07.2025 Item No. 18 Court No.01 Arsad(AR(CR)) In the High Court at Calcutta Circuit Bench at Jalpaiguri SAT/10/2025 IA NO: CAN/2/2025 SANDEEP JAIN@SANDEEP KUMAR JAIN VS DEVIKA PRADHAN Mr. Sanjay Mazoomdar, .... For the appellant.

Mr. Sandip Mondal, Mr. Amit Saha, .... For the respondent.

CAN/2/2025 is an application for recalling an order dated 13 June, 2025 dismissing the instant appeal for default.

It is submitted on behalf of the appellant that for the reasons beyond their control, they were unable to appear in Court on 13 June, 2025 when the matter was dismissed for default. We have considered the abovementioned application and are satisfied that there are sufficient and cogent grounds as to why the appellant was not present in Court on 13 June, 2025. In view of the above, the order dated 13 June, 2025 stands recalled and the appeal is restored.

By consent of the parties, the appeal is taken up for hearing.

It is fairly submitted on behalf of the appellant that the instant appeal is

misconceived and the appellant wishes to file a Civil Revisional Application against the impugned order.

In view of the above, SAT/10/2025 stands dismissed on the ground of maintainability.

It is made clear that there has been no adjudication on the merits of case and all points are left open to be decided in accordance with law.

(RAVI KRISHAN KAPUR, J.) (MD. SHABBAR RASHIDI, J.)