Single-judge civil order granting restoration of a civil appeal dismissed for default and recalling the order of dismissal.
Restoration of FA 139 of 2015 to the original file and number; order of March 28, 2023 recalled.
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.
11.12.2023 Item No.15 Court No.6. S. De
F.A. 139 of 2015 With I.A. No. CAN/4/2023 I.A. No. CAN/5/2023
Kamal Krishna Chowdhury & Ors. Vs Kartick Chandra Banerjee @ Dubey.
Mr. Sayan Sinha,
Mr. Adil Naser, …for the appellants.
Mr. Arijit Bardhan, Mr. Rishobh Dutta Gupta,
…for the respondent.
In re : I.A. No. CAN 4 of 2023.
This is an application for restoration of FA 139 of 2015 which was dismissed for default on March 28, 2023.
Having heard learned counsel for the parties, we are satisfied with the explanation furnished for absence of learned advocate for the appellants on the day the matter was dismissed for default.
Accordingly, the order dated March 28, 2023, is recalled. FA 139 of 2015 is restored to its original file and number.
The application being I.A. CAN 4 of 2023 is, accordingly, disposed of.
List the appeal along with the connected application under the heading “Hearing” immediately after the Christmas Vacation.
2
In the mean time, let a copy of the application made by the appellants under Order XLI Rule 27 of the Civil Procedure Code being I.A. No. CAN 5 of 2023, be served on learned advocate-on-record for the respondents.
(Arijit Banerjee, J.)
(M.V. Muralidaran, J.)
1 issue framed by the court
Whether the explanation for absence of counsel warrants restoration of a default judgment.
1 provisions across 1 enactments
Kamal Krishna Chowdhury & Ors.
Kartick Chandra Banerjee @ Dubey
Arijit Banerjee
M.V. Muralidaran
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
