JPD. 21.

August 1, 2025. CALCUTTA HIGH COURT . In The Circuit Bench at Jalpaiguri MNS Appellate Side FMAT No. 19 of 2025 +

CAN 1 of 2025 +

CAN 2 of 2025 Kallal Chakraborty Vs.

Sipra Saha Mr. Arnab Saha, Md. Shoaib Akhtar … for the appellant. Mr. Subham Ghosh, Mr. Mayank Roy …for the respondent.

Re: CAN 2 of 2025 (Section 5 application) 1. Heard learned counsel for the parties.

2. We find from the pleadings made in the condonation of delay application that sufficient reason for the delay has been made out, inasmuch as the appellant went to several learned Advocates for legal advice and ultimately chose the present learned Advocate.

3. Moreover, in the interregnum, the treatment of the aged mother and the younger brother, the latter being a patient of acute Pulmonary Tuberculosis, had to be taken care of by the appellant.

4. Accordingly, CAN 2 of 2025 is allowed on contest, thereby condoning the delay in preferring the appeal.

5. There will be no order as to costs.

Re: FMAT No. 19 of 2025

6. In the present appeal, questions of both fact and law are involved.

7. Accordingly, FMAT 19 of 2025 is admitted and shall be heard on the grounds taken in the Memorandum of Appeal.

Re: CAN 1 of 2025 (applicat