The Court allowed the appeal filed by a senior citizen mother challenging the dismissal of her application for restoration of a writ petition, condoning a 690-day delay and setting aside the impugned order.
The order dismissing the restoration application is set aside; the writ petition is restored to its original file and number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21.01.2022 Item No. 08 Court No.6.
S. De
Through Video Conference
M.A.T. 1687 of 2019 I.A. No. CAN 1 of 2019 (Old No. CAN 11804 of 2019)
Shyamlata Mundari. Vs
The State of West Bengal & Others.
Mr. Supratim Dhar, Mr. Dhananjay Nayak,
…for the appellant.
This is the second call. Nobody appears for the respondents.
The writ petition of the appellant was dismissed for default on July 27, 2015. Her application for restoration of the writ petition was dismissed by an order dated January 9, 2018. This is the order impugned in this appeal.
There is a delay of 690 days in filing the appeal. Causes shown being sufficient, we condone the delay.
We have heard learned counsel for the appellant. There appears to have been sufficient reason for nonappearance of learned advocate for the writ petitioner on the day the writ petition was dismissed for default. There also appears to be adequate grounds for the delay in filing the restoration application.
Normally the Courts are lenient in allowing restoration applications. Considering the facts and
2
circumstances of this case and that the lady writ petitioner is a senior citizen, we are inclined to allow this appeal. The order under appeal is set aside. The writ petition is restored to its original file and number.
MAT 1687 of 2019 is, accordingly disposed of along with I.A. No. CAN 1 of 2019 (Old No. CAN 11804 of 2019).
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance with all the necessary formalities.
(Kausik Chanda, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether the delay in filing the appeal from the order dismissing the restoration application of a writ petition is condonable.
Whether the appeal praying for restoration of the writ petition dismissed for default is maintainable.
Shyamlata Mundari
The State of West Bengal
Kausik Chanda
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
