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2025 Supreme(Online)(Cal) 8022

CALCUTTA HIGH COURT
KASHI NATH SINGH – Appellant
Versus
ANIRUDDHA PRASAD SINGH AND ORS – Respondent
CO 1118 / 2024



24.07.2025 Sl. No. 342 Ct No. 6 SG CO 1118 of 2024 CAN 1 of 2025 Kashi Nath Singh Vs Aniruddha Prasad Singh & Ors.

Ms. Juin Dutta Chakraborty.

…for the petitioner Re: CAN 1 of 2025

1. This is an application under Section 5 of the Limitation Act praying for condonation of delay in filing the restoration application being CAN 2 of 2025.

2. After hearing the learned Advocates for the petitioner and upon considering the averments made in this application, this Court is of the considered view that petitioner was prevented by sufficient cause for not filing the application for restoration within the prescribed time limit.

3. In view thereof, delay in filing the application for restoration stands condoned.

4. Accordingly, CAN 1 of 2025 stands allowed.

Re: CAN 2 of 2025

5. This is an application for restoration of the Civil Revisional Application by recalling order dated November

13, 2024.

6. After hearing the learned Advocates for the petitioner and upon considering the averments made in this application, this Court is of the considered view that petitioner was prevented by sufficient cause for not appearing when the Civil Revisional Application stood dismissed for default.

7. Accordingly, the order dated November 13, 2024 stands recalled. The civil revisional application stands restored to its original file and number.

8. Accordingly, CAN 2 of 2025 stands allowed.

Re: CO 1118 of 2024

9. This is an application praying for a direction upon the learned Additional District Judge, 1st Court, Purulia to dispose of the Misc. Case no. 4 of 2016 expeditiously.

10. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned Advocate on record shall be obliged to forward a copy of this application along with the order upon the opposite parties or upon the learned Advocate representing the opposite parties before the learned trial Judge.

11. From the order sheet appended to this application, this Court finds that date was fixed for hearing of the objection filed by the opposite party in the Misc. Case.

12. Accordingly, CO 1118 of 2024 stands disposed of with the hope and trust that the learned Additional District Judge, 1st Court, Purulia shall make an endeavour to dispose of the Misc. Case expeditiously without granting unnecessary adjournments to either of the parties.

(Hiranmay Bhattacharyya, J.)

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