IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE COMMERCIAL DIVISION Present:

The Hon’ble Justice Krishna Rao GA (COM) No. 3 of 2024 With GA (COM) No. 4 of 2024 In CS No. 105 of 2018 Sushil Kumar More Versus Shaikh Asadur Rahman & Ors.

Mr. Jayanta Kr. Mitra, Sr. Adv. Mr. Krishnaraj Thaker, Sr. Adv.

Ms. Nilanjana Adhya Mr. Asit Kr. De … For the plaintiff/respondent.

Mr. Soumabha Ghosh Ms. Dipika Banu Mr. S. Chakraborty Ms. Bolivia Roy … For the defendant no. 2/petitioner.

Hearing Concluded On : 25.02.2025 Judgment on : 21.03.2025 Krishna Rao, J.:

1. The defendant no.2 has filed an application being G.A. (Com) No.3 of

2024 for condoning the delay of 605 days in preferring an application under Order IX, Rule 13 of the Code of Civil Procedure, 1908. The defendant no. 2 filed another application being G.A. (Com) No. 4 of 2024 praying for recalling/ setting aside Ex-Parte decree dated 22nd November, 2022 passed in C.S. No. 105 of 2018.

2. Mr. Soumabha Ghosh, Learned Counsel representing the defendant no.

2 submits that the defendant no. 2 was at no material point of time aware of the passing of ex parte decree passed by this Court dated 22nd November, 2022. He submits that upon being served with an af