Extracted from the PDF above. The PDF is authoritative.
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14.07.2026 Item No.25 Court No. 30 g.b. CO 918 of 2025 With CAN 1 of 2025
Papi Das Vs. The State of West Bengal & Anr. Mr. Tapan Dutta Gupta Mr. Parvej Anam Ms. Rituparna Ghosh Mr. S. Sardar …..For the Petitioner In Re: CAN 1 of 2025
1. Affidavit of service filed be kept with the record. 2. In spite of service, none appears for the opposite party. 3. CAN 1 of 2025 was filed on 21.03.2025 praying for recall of order dated 17.03.2025 dismissing the writ petition for default on account of non-appearance of the learned counsel appearing for the petitioner and restoration of the civil revision application. The said application is within time. 1
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4. I have perused the application and am satisfied with the cause shown therein. 5. In view of the above, the order dated 17.03.2025 dismissing the writ petition for default stands recalled. 6. CO 918 of 2025 is restored to its original file and number. 7. CAN 1 of 2025 is allowed. 8. Department to note accordingly. In Re: CO 918 of 2025
9. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 704 of 2024 from the Court of the learned Additional District Judge, Kalyani, Nadia to the Court of the learned District Judge, Barasat, North 24 Parganas. 10. It is the case of the petitioner/wife that she is a resident of Village Chota Bankra, P. O. – Bara Bankra, P. S. Swarupnagar, District – North 24 Parganas, PIN – 743427. 11. On the other hand the husband/opposite party is a resident of Mobarakpur, P. O. Simhat, P. S. Haringhata, District – Nadia, PIN- 741249 and has filed the Matrimonial Suit at Kalyani Court, Nadia. 2
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12. The petitioner/wife now prays that the suit being Matrimonial Suit No. 704 of 2024 pending in the Court of the learned Additional District Judge, Kalyani, Nadia be transferred to the Court of the learned District Judge, Barasat, North 24 Parganas. 13. Accordingly, in view of the judgment of the Hon’ble Supreme Court in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, in Civil Appeal No(s). 4894 of 2022 (arising out of SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), the revisional application is required to be heard in presence of the opposite party. 14.
Petitioner is directed to serve upon the opposite party and file affidavit of service on the next date of hearing. 15. Pending hearing of the revisional application under Section 24 of the Civil Procedure Code, the proceedings in Matrimonial Suit No. 704 of 2024 pending before the Court of the learned Additional District Judge, Kalyani, Nadia be stayed till 10th August, 2026 or until further order, whichever is earlier. 16. Matter to appear on 29th of July 2026 for further hearing. 3
4 (Shampa Dutt (Paul), J.) 4