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1982 Supreme(Cal) 160

CHITTATOSH MUKHERJEE, RAMKRISHNA SHARMA
OIL AND NATURAL GAS COMMISSION – Appellant
Versus
TRIDIB NATH SANYAL – Respondent


Advocates Appeared:
ASIM KUMAR GHOSE, ASIT KUMAR BANERJEE, B.P.BANERJI, R.N.Mitra, Soumen Das Gupta

CHITTATOSH MOOKERJEE, J.

( 1 ) BEING aggrieved by the order of the learned Additional District Judge, 10th Court. Alipore dated the 18th Nov. 1981 dismissing its application for condonation of delay and for setting aside the order dated 7th July, 1981 by which the said court had dismissed. Title Appeal No. 731 of 1979 for default, the Oil and Natural Gas Commission has preferred this First Miscellaneous Appeal and the Re-visional Application under Section 115 of the Code in the alternative.

( 2 ) THE only point is whether or not the appellant Corporation was prevented by sufficient cause from appearing before the learned Additional District Judge, 10th Court, Alipore on 7th July, 1981 when the aforesaid title appeal preferred by it was called for hearing and dismissed for default. The appellant Corporation made its applications for re-admission of the said appeal on 30th of Oct. 1981, i. e. , more than 30 days from the date on which the said appeal had been dismissed for default, therefore, the appellant Corporation was also bound to establish that it had been prevented by sufficient cause from making the said application within the prescribed period of limitation and that the de











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