CIVIL APPEAL 604 of 2004 on 14 June 2007

19.05.2022 Item No.35 Court No.6. AB

C. O. No.604 of 2004 With

IA CAN 2 of 2018(Old CAN 3898 of 2018)

IA CAN 3 of 2018(Old CAN 3944 of 2018)

Md. Serajul Hoque Vs

Md. Abdur Rajjak & Others

Mr. Subrata Ghosh.…for the Petitioner.

The Civil Revisional Application being C. O.No.604 of 2004 was dismissed for default by an orderdated June 14, 2007.

The petitioner took out a restoration applicationbeing CAN 5463 of 2008, which was dismissed fordefault on August 22, 2008.

On June 20, 2018, the petitioner took out anapplication being CAN 3898 of 2018 for recalling of theorders dated August 22, 2008 and June 14, 2007. Healso took out an application on the same day forcondonation of delay in filing CAN 3898 of 2018. Thedelay is of nine years and nine months.

From the application for condonation of delay, Ifind that the only ground that has been stated thereinis that after dismissal of the restoration application,the petitioner was not getting any information as regards his case. Accordingly, on February 8, 2018,i.e. almost ten years after the restoration applicationgot dismissed for default, the petitioner wrote a letterto his learned Advocate. Not having received any replyfrom the learned Advocate, the petitioner madeenquiries and came to know about the dismissal of therestoration application.

Normally the Courts are liberal in condoningdelay provided some plausible explanation is given bythe applicant. In the present case, the petitioner wasaware that his civil revisional application stooddismissed for default on June 14, 2007. That is whyhe filed the restoration application being CAN 5463 of2008. That application was dismissed for default onAugust 22, 2008. There is absolutely no explanationas to what steps the petitioner took between 2008 and2018. A litigant, who shows no interest in the fate orprogress of his litigation, does not deserve anysympathy.

I find absolutely no explanation for the delay ofabout nine years and nine months in applying forrestoration of the restoration application and the civilrevisional application.

Accordingly, the application for condonation ofdelay being CAN 3944 of 2018 is dismissed.Consequently, CAN 3898 of 2018 also standsdismissed.

Urgent Photostat Certified copy of this order, ifapplied for, be supplied expeditiously after complyingwith all necessary legal formalities.

(Arijit Banerjee, J.)