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2013 Supreme(Gau) 744

NISHITENDU CHAUDHURY
Abdul Noor and Ors. – Appellant
Versus
Katan Bibi and Ors. – Respondent


Advocates:
For the Petitioners: Mr. B.C. Das
For the Respondents: Mr. D.N. Bhattacharjee.

In this review petition notice was issued on 28.2.2012 when Ms Senapati entered appearance on behalf of the opposite party and as such it was directed that no formal notice need to be issued to them.

2. Thereafter review petition was dismissed for default on 3.9.2012.

3. A miscellaneous case was filed for re-admission of the review petition under order 41, rule 19 read with section 151 of the Code of Civil Procedure along with Misc Case No. 94/2013 for condonation of delay in filing the same. Ultimately by an order dated 18.3.2013, passed in Misc Case No. 94/2013, the delay in filing the review petition was condoned and the review petition was restored to file vide order dated 18.3.2013 passed in Misc Case No. 93/2013 setting aside the dismissal for default. Thereafter, notices were issued to the opposite party and ultimately dasti service was also permitted. The respondent Nos. 1, 2 and 3 refused to accept notice and the same has been brought to the notice of this court by filing an affidavit by the review petitioner on 11.4.2013. Accordingly, by an order dated 28.5.2013, this review petition has been listed for hearing today.

4. I have heard Mr. B.C. Das, learned senior counsel, ass












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