Item No. 04 Ct 22 rup 12.03. 2025 IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 2449 of 2024 (Assigned) Indian Oil Corpration Limited & Ors. Vs Sri Somenath Biswas & Ors. Mr. Partha Pratim Roy, Mr. Amit Kr. Nag, Mr. Partha Banerjee, Ms. Pritha Bhowmick. … for the petitioners. Mr. Sibnath Ganguly, Mr. Argha Banerjee. … for the opposite parties. 1. This revisional application has been filed challenging the order dated 25th June, 2022 passed in connection with Misc. Case No. 18 of 2019, wherein Learned Additional District Jude, Fast Track Court-II, Sealdah disposed of an application for stay of judgment and decree dated 10th February, 2016. 2. Both the learned counsel appearing on behalf of the parties to this revisional application are ad idem of the fact that appeal was dismissed for default on 29.05.2019 and against such order of dismissal one Misc. Case under Order 9 Rule 9 of the Code of Civil Procedure was filed on 14th August, 2019, along with an application under Section 5 of the Limitation Act. 3. Both the learned counsel appearing on behalf of the parties to this revisional application are also ad idem of the fact that prior to restoration of the appeal by disposing the Misc. Case No. 18 of 2019 under Order 9 Rule 9 of the Code of Civil Procedure that too after considering the condonation of delay in filing the Misc. Case, within the meaning of Section 5 of the Limitation Act, stay application was disposed. 4. Considering all the aforesaid facts and circumstances, I am of the opinion that Learned Judge ought not to have taken up the stay application prior to restoration of appeal to its own file after considering the condonation of delay. On this score only, the order passed by the learned Judge stands set aside. 5. Considering the long pendency of the matter, Learned Appellate Court is requested to dispose of the application under Section 5 of the Limitation Act which was filed with a prayer for condonation of delay in filing the Misc. Case No.18 of 2019 under Order 9 Rule 9 of the Code of Civil Procedure, as early as possible. 6. With the aforesaid observation, the revisional application stands disposed of. 2 7. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 8. All the parties shall act on the server copy of this order duly downloaded from the official web site of this Court. (Bibhas Ranjan De, J.) 3