Judgment:
ORDER
SHEET G.A.No.2591 of 2014 With C.S.No.278 of 1984 IN THE HIGH COURT AT CALCUTTA ORDNARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Sr.Sr.ISWAR RADHA GOBINDA JEW & ORS.Versus SIBU KUMAR MULLICK BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date: 20th August, 2014.
Appearance: Mr.Sarathi Dasghpta, Adv.Mr.A.K.Boral, Adv.… for the petitioners Mr.Dipendra Nath Chunder, Adv.… for defendant Nos.24 & 42 The Court: In this application the present petitioners have prayed for an order to condone the delay in filing of this application, to recall or set aside the order of dismissal passed by this Court in C.S.No.278 of 1984, to restore the said suit in this original file and number etc.Perused the application.
Heard the learned Advocate appearing on behalf of the petitioners including the learned Advocate appearing on behalf of the defendant no.1A, heirs of the defendant Nos.24 and 42.
The learned Advocate appearing for the plaintiffs took me to running page 31 to convince this Court that on 31-07-2014 one application was scheduled to be moved before the Court having determination at that point of time but his client came to know that the suit was dismissed for default on February 11, 2005.
It is his further submission by taking me to page Nos.41 and 42 being internal pages 11 and 12 to convince this Court that admittedly some of the defendants of the main suit are dead and the names of the sebaits are in paragraph 21 at page 42 being internal page 12 on whom notices have been served and as such the delay in filing this application may be condoned by restroring the suit to its original file and number so that the claim which has been accepted by the parties may be approved by the Court otherwise the parties as a whole will suffer including the deity.
Perused the affidavit of service along with the notice of motion.
Let the affidavit of service be kept with the record.
Considering the circumstances I think that interest of justice would be served if the order of dismissal as passed by this Court having determination at that point of time on February 11, 2005 in C.S.No.278 of 1984 be recalled and the said suit be restored to its original file and number.
There is no reason to pass an ad-interim order.
A fortnight’s time is given to the parties to appear in the main suit along with the Vakalatnama as may be necessary.
G.A.No.2591 of 2014 is, thus, disposed of.
There will be no order as to costs.
Place the main suit under the heading “For Hearing”.
Urgent certified photostat copies of this order, if applied for, be supplied to the parties upon compliance with all the requisite formalities.
(INDRAJIT CHATTERJEE, J.) sg2