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Calcutta High Court · body

2025 DAILYLAW 43760 (CAL)

MAHADUDA BEGUM v. MONIRUDDIN

CO/3884/2016 · 2025-03-10

Bibhas Ranjan De

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8.6.2023 69 Ct. no. 652 sb C.O. 3884 of 2016 With CAN 2 of 2021 CAN 3 of 2021 Mahaduda Begum Vs. Moniruddin Md. Ahiya …for the Petitioner In Re: CAN 2 of 2021 Affidavit of service filed by the petitioner is taken on record. This is an application under Section 5 of the Limitation Act for condonation of delay in filing the application for restoration of the application which was dismissed for default. The grounds shown in the application appears to be sufficient and accordingly the delay in filing application for restoration is condoned. CAN 2 of 2021 is accordingly disposed of. In Re: CAN 3 of 2021 This is an application for restoration being CAN 8091 of 2018 which was dismissed for default due to non- appearance of the petitioner. The grounds shown in the application for restoration appears to be sufficient and accordingly, the prayer for restoration is allowed. 2 Let C.O. 3884 of 2016 be restored in its original file with original number. CAN 3 of 2021 is accordingly disposed of. CAN 1 of 2018 is also accordingly disposed of. The petitioner is directed to serve a notice of restoration application upon the opposite party as well as learned counsel appeared for the opposite party in the court below through speed post with acknowledgement due with an intimation that the matter will appear under the heading “Contested Application” on 4th July, 2023. Let the matter appear under the heading “Contested Application” on 4th July, 2023. (Ajoy Kumar Mukherjee, J.)