Form No.J(2)

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya &

The Hon’ble Mr. Justice Uday Kumar FMA 722 of 2024 With CAN 1 of 2024 Himangshu Saha -vs-

Birendra Kumar Bhowmik (Deceased)

represented by Smt. Pabitra Bhowmik and Ors.

For the appellant : Mr. Partha Pratim Roy, Mr. Manik Lal Poddar.

For the respondent No. 1 (a) : Mr. Debasish Roy, Sr. Adv.

Mr. Somnath Maiti, Mr. Soumyanil Maiti.

Heard on : March 5, 2025. Judgment on : March 5, 2025.

Sabyasachi Bhattacharyya , J .:

1. Heard learned Counsel for the parties.

2. The present appeal has been preferred against an order whereby an application for condonation of delay in filing an application for restoration of a suit under Order IX Rule 13 of the Code of Civil Procedure, filed by the present appellant, was dismissed, consequentially dismissing the application under Order IX Rule 13 as well.

3. Learned Counsel for the appellant contends that the appellant had been duly taking steps in the suit. It is submitted that by an Order dated August 8, 2012, at the juncture when the ex parte decree was sought to be executed, the learned Trial Judge passed an order f