The High Court at Calcutta dismissed the appeal filed in 2015 for default, noting the petitioner's complete lack of activity over three years and concluding there was no intent to proceed.
The appeal was dismissed for default.
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.
OD-16
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE
PLA/218/2015
IN THE GOODS OF : SRI MAKHAN CHANDRA DEY (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. 218 of 2015 is dismissed for default.
(KRISHNA RAO, J.)
Sbghosh
1 issue framed by the court
Whether a civil appeal filed in 2015 should be allowed to proceed when the petitioner has not taken any steps over a period of three years.
Unknown Petitioner (Good worth Sri Makhan Chandra Dey)
Unknown Respondent
KRISHNA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
