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2025 Supreme(Online)(Cal) 3274

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Jaspal Khatri alias Chug & Ors. – Appellant
Versus
Vijay Singh & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Dyutiman Banerjee, Mr. Debayan Ray
For the Respondents: Mr. Achintya Kumar Banerjee, Mr. Manoj Kurmi, Dr. Siddhartha Goswami

This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against the orders dated 8th May, 2025, 22nd May, 2025 and 4th June, 2025 all passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit No. 200 of 2012.

By the order dated 8th May, 2025 the defence of the petitioners against delivery of possession was struck out. The petitioners filed an application praying for recalling of the said order which stood rejected by an order dated 22nd May, 2025. Thereafter, the petitioners filed an application under Section 151 of the Code of Civil Procedure praying for condonation of delay in depositing the rent for the months of January, 2023, February, 2023, July, 2023 and August, 2023. Such application was rejected by the order dated 4th June, 2025.

Mr. Dyutiman Banerjee, learned advocate appearing for the petitioners submits that on 8th May, 2025 the petitioners could not appear as there was a resolution of the local Bar Association. He further submits that the learned trial judge ought to have recalled the said order. He further submits that since the rent for few months could not be deposited within ti

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