Extracted from the PDF above. The PDF is authoritative.
18.08.2026 Item 37
Ct. 652 tbsr
CO 4092 of 2025
SMT. JOYASREE DAS AND ORS. VS M/S. MATCON FERMATEX
Mr. Prantik Ghosh Mr. Amit Karmakar
....for the petitioners
1. In the instant revision, the petitioners have prayed for setting aside the order of the learned Civil Judge Junior Division at Bidhanagar, North 24 Parganas dated November 30, 2024 in Misc. Case No. 53 of 2022, by dint of which the Court has dismissed the Misc. Case as above, which was for restoration of the suit itself.
2. Fact remains that previously, vide an order dated June 7, 2022, the Ejectment Suit no. 54 of 2011, filed by the present petitioners- revisionists has been dismissed by the Court, due to their absence.
3. Subsequently, the petitioners filed Misc. Case No. 53 of 2022, seeking restoration of the said Ejectment Suit.
4. Mr. Prantik Ghosh, learned advocate for the petitioners, has submitted that unfortunately
2 for unavoidable circumstances, the petitioners again defaulted when the Misc. Case No. 53 of 2022 was taken up for hearing by the Court.
5. Hence, due to absence of the revisionists/petitioners, the learned trial Court again dismissed the Misc. Case as above.
6. Mr. Prantik Ghosh, learned advocate has further submitted that the petitioners have a fair possibility to succeed in the said Ejectment Suit and undertake to be more diligent in following up on the Court proceedings.
7. Having considered the facts and circumstances of the case as above and the records in particular, the Court is of considered opinion that the prayer of the petitioners’ in the instant revision may be allowed, subject to depositing the costs of Rs. 1,000/- by them with the District Legal Aid Services Authority, North 24 Parganas.
8. Therefore, the present revision application is allowed directing that the impugned order dated November 30, 2024 in Misc Case No. 53 of 2022 is set aside.
3
9. Let the learned Trial Court proceed with the petitioners’ Misc. Case as above in accordance with law, subject to paying Rs. 1,000/- as cost to the District Legal Aid Services Authority, North 24 Parganas. With the directions as above, the present revision is disposed of.
10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Rai Chattopadhyay, J.)