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2026 DAILYLAW 22975 (CAL)

D.LAVANYA SUNDARI v. KAMAL KUMAR

RVW/4/2026 · 2026-06-11

Prasenjit Biswas, Ravi Krishan Kapur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT PORT BLAIR 11.06.2026 Ct. No. 7 Sl. No. 1 RANJAN RVW 4 of 2026 with IA NO: CAN 1 of 2026 in SAT 8 of 2024 D. LAVANYA SUNDARI VS. KAMAL KUMAR Ms. D. Lavanya Sundari ….appellant-in-person Mr. Rakesh Kumar (VC) ….for the respondent CAN 1 of 2026 This is an application seeking condonation of delay. In view of the averments made in this petition and the fact that the appellant has been prosecuting this proceeding in person, there are sufficient and cogent grounds to allow this application. In view of the above, CAN 1 of 2026 stand allowed. RVW 4 of 2026 in SAT 8 of 2024 By consent of the parties, the application for review is taken up for hearing. This is an application seeking review of an order dated 1 October 2024 whereby a second appeal had been dismissed on the ground that the suit had not been finally disposed of. 2 The power to review being a creature of statute is limited and circumscribed. There are no grounds under Order XLI, Rule 1 of the Code of Civil Procedure, 1908 justifying interference by this Court. Notwithstanding the defence of the appellant having been struck off, the appellant always has a right to cross-examine and participate in the suit. There is nothing in this application which would warrant exercise of any powers within the limits of the statute and in review jurisdiction. In such circumstances, RVW 4 of 2026 alongwith CAN 1 of 2026 stand disposed of. (PRASENJIT BISWAS, J.) (RAVI KRISHAN KAPUR, J.)