Subrata Talukdar, J.

In this civil revisional application challenge is thrown to the order impugned no.372 dated 26th August, 2011 passed by the Ld. 6th Civil Court (Senior Division) at Alipore in Misc. Case no.471 of 2010.

By the said impugned order the Ld. 6th Civil Court was pleased to decide an application filed by the petitioner under Section 5 of the Limitation Act, 1963 along with an application under Order 9 Rule 4 Code of Civil Procedure (CPC) praying for restoration of the suit which was dismissed for default. The Ld. Trial Court was pleased to inter alia, come to the finding that from the record it appears that from the report of the death of Abhijit Ghosh who signed the plaint on behalf of the plaintiff no.1-Company on 20th June, 2008 no substitution was carried out on behalf of the plaintiff no.1-Company in the suit. Since 22ndAugust, 2008 the plaintiff was found absent and on 26th October, 2009, i.e. after the lapse of more than one year the suit was dismissed for default.

The Ld. 6th Civil Court was further pleased to observe that the application under Order 9 Rule 4 CPC has been only signed by the representative of the plaintiff no.1-one Dilip Ghosh and