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2025 Supreme(Online)(Cal) 2013

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, J
Smt. Radhika Dey – Appellant
Versus
Saira Banu and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Momenur Rahman, Mr. Bikash Singha
For the Respondents: Mr. Partha Pratim Roy, Mr. Debasish Mukhopadhyay, Ms. Madhushri Dutta, Ms. Sristhi Sarkar, Ms. Payel Chanda

1. CAN 1 of 2025 is an application for recall of an order dated July 21, 2025.

2. Learned counsel appearing for the applicant argues that the applicant, who was one of the proforma opposite parties in the revisional application, was not served properly, which is borne out by the concerned postal track report annexed to the affidavit-of-service which had been filed on the relevant date by the revisionist petitioner, which indicates that, insofar as the present applicant is concerned, the item was delivered to the sender, clearly indicating that the service was not effected on the present applicant.

3. Upon hearing learned counsel for the parties, it transpires that the Court proceeded on the premise that good service had been effected on all the opposite parties and had taken up the matter whereas the present applicant, being a proforma opposite party to the revisional application, was not served properly.

4. Accordingly, there is merit in the application.

5. Hence, CAN 1 of 2025 is allowed on contest, thereby recalling the order dated July 21, 2025.

6. There will be no order as to costs.

Re: CO 13 of 2025

7. Heard learned counsel for the applicant as well as the revisionist petitioner af

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