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2025 DAILYLAW 6651 (CAL)

GURUPADA MALLA AND ANR v. BHABANI PRASAD MALLA AND ORS

CO/221/2025 · 2025-06-18

Hiranmay Bhattacharyya

body2025

Judgment text

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Court No. 6 (265719) 01.09.2025 (A 1456) (S. Banerjee) CO 221 of 2025 Gurupada Malla & Anr. Vs. Bhabani Prasad Malla & Ors. CAN 1 of 2025 Ms. Debjani Sengupta Ms. Paulomi Ghosh … for the petitioners Re: CAN 1 of 2025 This is an application for recalling the order dated June 18, 2025 passed in CO 221 of 2025. By the order dated June 18, 2025, the civil revision application stood dismissed for default. After going through the averments made in the said application and after hearing the learned advocate appearing for the petitioner, this court finds that the petitioner has satisfactorily explained the reasons for not appearing in the matter when the civil revision application stood dismissed for default on June 18, 2025. In view thereof, orders dated June 18, 2025 stands recalled. The civil revision application stands restored to its original file and number. Re: CO 221 of 2025 This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against order no. 179 dated December 4, 2024 passed by the learned Civil Judge (Jr. Division) 1st Court at Khatra, Bankura in Title Suit No. 3 of 2017. By the order impugned, the application under Order 6 Rule 17 of the Code of Civil Procedure was allowed. Learned advocate appearing for the petitioner submits that the application for amendment of plaint was filed after the evidence was concluded and the date of argument was fixed. She further submits that the plaintiff/opposite party filed an application for withdrawal of the suit but on the insistence of the learned trial judge the opposite party filed an application under Order 6 Rule 17 of the Code of Civil Procedure and the same was ultimately allowed. Petitioners are 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. 2 There shall be an order of stay of all further proceedings in Title Suit No. 3 of 2017, pending before the learned Civil Judge (Jr. Division) 1st Court at Khatra, Bankura, till the end of the month of February, 2026 or until further order whichever is earlier. List the matter under the heading ‘Contested Application’ after twelve weeks. (Hiranmay Bhattacharyya, J.) 3