Sl.18 08.09.2026 Court No.6 BP C.O. 1446 of 2026 With CAN 1 of 2026 Dilip Shaw -versus- Smt. Kamal Nana Saheb Nikam & Ors. Mr. Dhananjay Banerjee Mr. Pralay Hazra ..for the petitioner Mr. Prateep Bera Ms. Kakan Das ..for the opposite party no.2 Though this matter is appearing under the heading “Extension of Interim Order” but with the consent of the learned advocates for the respective parties the main civil revisional application is taken up for final hearing by treating the same as on the day’s list. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against the orders dated 5th May, 2025, 13th June, 2025 and 11th February, 2026 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore in Title Suit No. 191 of 1995. By the order dated 5th May, 2025 the order allowing commission stood vacated. By the order dated 13th June, 2025 the evidence of the plaintiff witness stood closed and by the order dated 11th February, 2026 the application under Section 151 of the Code of Civil Procedure filed by 2 the petitioner for recall of the orders dated 5th May, 2025 and 13th June, 2025 stood rejected. The learned advocate appearing for the petitioner submits that due to misposting in the diary of the learned advocate no steps could be taken on behalf of the petitioner for which the orders dated 5th May, 2025 and 13th June, 2025 was passed. He further submits that the advocate’s clerk was suffering from serious ailments which resulted in misposting of the dates in the case diary. He submits that the documents in support of the illness of the advocate’s clerk were filed along with the application under Section 151 of the Code of Civil Procedure. He submits that an opportunity be provided to the petitioner to proceed with the instant suit by recalling the aforesaid orders. The learned advocate appearing for the opposite parties vehemently opposes the prayer of the petitioner. She submits that the petitioner did not take any steps on repeated occasions. She submits that since the petitioner did not take any steps on 5th May, 2025 the learned trial judge vacated the order allowing the commission. She further submits that on 13th June, 2025 i.e. the date fixed for evidence of the plaintiff’s witness no steps were taken by the plaintiff for which the evidence stood closed. She submits that the suit is pending from the year 1995 and the petitioner is not diligent in prosecuting his case. She 3 submits that the orders impugned should not be interfered with by this Court. Heard learned advocates for the parties and perused the materials placed. After going through the application under Section 151 of the Code of Civil Procedure this Court finds that the specific case of the petitioner is that since June 2024 the advocate’s clerk could not attend the court due to serious ailments and he had to undergo a major surgical operation. It was further stated in the said application that since the advocate’s clerk was indisposed the cause list could not be checked and the date of the suit was not forwarded in the case diary which resulted in not taking steps on behalf of the plaintiff. This Court finds that the medical documents and the photocopies of the diary of the learned advocate recording the dates of cases were also annexed along with the application under Section 151 of the Code of Civil Procedure. Though it is not in dispute that the suit is pending from the year 1995 but considering the fact that the advocate’s clerk was suffering from a serious ailments and medical documents in support of such illness has been produced and also that the photocopies of the case diary of the learned advocate have been produced, this Court is of the considered view that a litigant should not be 4 penalized for the laches, if any, on the part of the clerk or the learned advocate. The factum of illness of the clerk does not appear to have been disbelieved by the learned trial judge. No adverse observation appears to have been made by the trial judge after considering the professional diary of the learned advocate. For such reason, this Court is inclined to allow the application under Section 151 of the Code of Civil Procedure. The orders dated 5th May, 2025 and 13th June, 2025 are set aside. The applications under Section 151 of the Code of Civil Procedure stand allowed. C.O. 1446 of 2026 stands allowed. Accordingly CAN 1 of 2026 stands disposed of. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)