Allowed

Rita Moitra v. Shakti Rani Moitra

Calcutta HC9 Jun 2022CO/1116/2018

Case brief

AI extract

What is this about?

This judgment condones delay in filing an application for restoration of a civil suit dismissed for default, restores the suit file, allows substitution of parties due to the death of the original respondent, and re-imposes an interim order.

What did the court decide?

Delay condoned; C.O. 1116 of 2018 restored to original file; substitution of parties allowed; interim order reimposed for eight weeks.

Rita Moitra Vs Shakti Rani Moitra — Civil Procedure and Limitation | Calcutta HC (2022)

¶1

21.06.2023 sayandeep Sl. No. 87 Ct. No.652

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CO 1116 of 2018 With CAN 02 of 2023

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Smt. Rita Moitra

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Vs.

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Smt. Shakti Rani Moitra

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Mr. Arnab Roy Mrs. Sayani Ahmed

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……for the applicant

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In Re: CAN 02 of 2023

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Affidavit-of-service filed by the petitioner is taken on record. Opposite party is not represented. This is an application seeking condonation of delay in filing application for restoration of C.O 1116 of 2018, along with prayer for restoration of said application which was dismissed for default on 9^th June, 2022.

¶10

The grounds shown in the application appears to be sufficient accordingly the delay is condoned. In view of stand taken by the petitioner, I am convinced to restore CO 1116 of 2018 in its original file with original number.

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Accordingly CAN 2 of 2023 is accordingly disposed of.

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In Re: CAN 01 of 2023

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This is an application for substitution wherein the petitioner contended that during pendency of this application, original defendant being respondent No. 1 Smt. Shakti Rani Moitra died intestate on October 8,

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2020, leaving behind legal heirs mentioned in paragraph 3 of the application. The said legal heirs are major and does not suffer from any legal disability. The petition is within time. The prayer for substitution is allowed.

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Department is directed to make necessary correction in the cause title. Petitioner is directed to serve notice along with copy of order upon the substituted respondents.

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In Re: CO 1116 of 2018

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Petitioner is directed to serve a notice upon the opposite party along with a copy of the order informing restoration of the application. On the basis of the prayer made on behalf of the petitioner, the interim order granted earlier is reimposed for a further period of eight weeks or until further order, whichever is earlier.

¶19

Let the matter appear under the heading motion in the monthly list of July 2023.

¶20

(Ajoy Kumar Mukherjee, J.)

Rita Moitra v. Shakti Rani Moitra

Case brief

What is this about?

What did the court decide?

Rita Moitra v. Shakti Rani Moitra

Case brief

What is this about?

What did the court decide?

What the court decided

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