Calcutta High Court

CIVIL APPEAL None on 6 September 2010

10.03.2022

Item No.74

Court No.18

AJ.

C.O. 2089 of 2010

I.A. No. C.A.N. 1 of 2021

C.A.N. 2 of 2021

Sri Sushil Kumar Biswas

-Vs-

Ram Pada Biswas

Mr. Raju Bhattacharya,

Mr. Surath Chowdhury.

……for the petitioner.

In re : C.A.N. 1 of 2021

C.A.N. 2 of 2021

Mr. Bhattacharya, learned advocate for thepetitioner files affidavit of service which is takenon record. None appears on behalf of the oppositeparty in spite service.

The revisional application was dismissedfor default on July 02, 2019. C.A.N. 2 of 2021 isan application for restoration of the revisionalapplication and C.A.N. 1 of 2021 is an applicationfor condonation of delay in filing the saidapplication for restoration.

The revisional application was adjournedsine die by an order dated September 06, 2010,as a result the learned advocate for the petitionerdid not appear before this Court when the matterwas called on for hearing.

The petitioner was prevented by sufficientcause from appearing before this Court when thematter was called on for hearing.

Page 1 of 2

The delay in filing the application forrestoration is satisfactorily explained. The orderdated July 02, 2019 is recalled. C.O. 2089 of2010 is restored to its original file and number.

C.A.N. 1 of 2021 and C.A.N. 2 of 2021 arethus allowed.

In view of the order dated September 06, 2010, let the matter go out of list.

Liberty to mention.

Urgent photostat certified copy of thisorder, if applied for, be supplied to the partiessubject to compliance with all requisiteformalities.

(Biswajit Basu, J.)

Page 2 of 2

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