IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 354 of 2025 Urbashi Barat VS.

Dalmia Bharat Developer Ltd.

For the Petitioner : Mr. Sukanta Chakrabarty Mr. Anindya Halder ….. advocates For the Opposite Party : Mr. Saptanshu Basu … Sr. Advocate Mr. Avinash Kankani Mr. Suman Majumder …. advocates Reserved on : 26.02.2025 Judgment on : 13.03.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of an unsuccessful applicant in a proceeding under Order IX Rule 13 of the Code of Civil Procedure and is directed against the order being No.22 dated 02.12.2024 passed by the learned Chief Judge, City Civil Court at Calcutta in Miscellaneous Appeal No. 103 of 2022 affirming the order being No. 53 dated 18.07.2022 passed by the learned Judge, 5^th Bench Presidency Small Causes Court at Calcutta in Miscellaneous Case No. 298 of 2015.

2. By the order dated July 18, 2022, the application under Section 5 of the Limitation Act praying for condonation of delay in filing the Misc. Case stood rejected. Petitioner preferred the Misc. Appeal against the aforesaid