15.12.2025 Ct. No. 06 Sl. No.6 skg C.O. No. 3559 of 2025 Smt. Aparna Bhowmick (Das)

Vs.

Swapan Kumar Das & Ors.

Mr. Amal Krishna Saha, Mr. Tapan Sil, Mr. A. Bhar, …..for the petitioner Mr. Gour Baran Sau ….for the opposite party no.1

1. The petitioner has challenged the order dated January

31, 2025 passed by the Addl. District Judge, 3rd Fast Track Court, Malda in Misc. Appeal no. 8 of 2023 and the order dated April 24, 2023 passed by the Civil Judge (Sr. Div.) 1st Court, Malda in T.S. Case no. 233 of 2000.

2. It appears from the order dated April 24, 2023, that the learned Civil Judge, Fast Track Court, Malda had rejected the application under Section 151 of the Civil Procedure Code. By the said application, the petitioner who is the defendant no. 2 in the suit, prayed for restoration of the suit upon recall of the order dated November 30, 2022.

3. It was contended before the court that, when the suit was dismissed for non-prosecution on account of the plaintiff not taking steps and by not filing the answer to the show cause, the defendant no. 2 was not present, due to the illness of her husband. The petitioner further contended that, although, the commission work was complete the shares