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2025 DAILYLAW 18874 (CAL)

SHRI MANIK DAS v. NILIMA MONDAL AND ORS

CO/1259/2025 · 2025-04-28

Sabyasachi Bhattacharyya

body2025

Judgment text

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Court No. 6 (265719) 16.05.2025 (AD 305) (S. Banerjee) CO 1259 of 2025 Manik Das Vs. Nilima Mondal & Ors. CAN 1 of 2025 Mr. Krishna Das Poddar Ms. Mandira Barman Mr. Surajit Maity …for the petitioner Re: CAN 1 of 2025 This is an application for recalling the order dated April 28, 2025 and for restoration of the civil revision application to its original file and number. After hearing the learned advocate for the petitioner and after going through the averments made in the said application, this court is of the considered view that the petitioner was prevented by sufficient cause in not appearing before the court when the civil revision application was dismissed for default. In view thereof, the order dated April 28, 2025 stands recalled. CO 1259 of 2025 is restored in its original file and number. Re: CO 1259 of 2025 This civil revision is taken up for immediate consideration. By the order impugned the application for vacating the ex parte hearing stood rejected. It appears from the impugned order that the defendant no. 7 filed some medical prescriptions in support of his contention that he was seriously ill for which the said defendant could not take any step for a substantial period of time. The petitioner is directed to serve a copy of this application upon the opposite parties by registered speed post with acknowledgement due and file an affidavit of service on the next date. Considering the fact that the suit has been fixed for ex parte hearing, this court is inclined to pass an interim order. There shall be an order of stay of all further proceedings in Title Suit No. 235 of 2010, pending before the learned Civil Judge (Jr. Division), Haldia till the end of the month of July, 2025 or until further order whichever is earlier. List this matter under the heading ‘Motion’ in the Monthly List of June, 2025. (Hiranmay Bhattacharyya, J.) 2