The Calcutta High Court dismissed the plaintiff's original side application filed in 2015 for default. The petitioner failed to appear, and the court noted a prolonged inactivity spanning several years without taking any steps towards the matter.
PLA No. 141 of 2015 is dismissed for default.
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OD-14
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE
PLA/141/2015
IN THE GOODS OF : AJIT KUMAR BRAHMACHARI (DECEASED)
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO Date: 16TH DECEMBER, 2022.
The Court : This matter was listed on 22nd November, 2022 but none appears on behalf of either of the parties.
For the interest of justice, the case was adjourned till 6th December, 2022 with the rider that in case none appears on behalf of the petitioner, appropriate order will be passed.
Today when the matter is called, none appears on behalf of the petitioner and no accommodation is sought for.
It is found from record that the application is filed in the year 2015 and the matter was listed on 20th June, 2016. Thereafter the petitioner has not taken any steps till date.
Accordingly, this Court finds that the petitioner is not interested to proceed with the matter.
Accordingly, PLA No. 141 of 2015 is dismissed for default.
(KRISHNA RAO, J.)
Sbghosh
2 issues framed by the court
Whether the plaintiff should be dismissed for default due to lack of appearance and inactivity.
Whether the application filed in 2015 warrants dismissal given the petitioner's long delay and failure to seek accommodation.
Petitioner (in GOODS OF AJIT KUMAR BRAHMACHARI)
BJAJIT KUMAR BRAHMACHARI
KRISHNA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
