Siddik Khan & Ors. v. Sk Assabuddin & Anr.
Case brief
What is this about?
Keywords: condonation of delay — Section 5, Limitation Act; restoration of dismissed revisional application; recall of dismissal order dated 11.05.2022; Article 227 of the Constitution of India; Order XXXIX Rule 2A CPC; ex parte board; J. Misc. case No. 06 of 2016; title suit No. 25 of 2016; injunction order violation; written objections; cost as condition precedent; Rs. 5000/-; Civil Judge (Junior Division), Additional Court, Tamluk, Purba Medinipur; Partha Sarathi Sen, J.; 08.04.2024. Subject: opportunity for opposite parties in an Order XXXIX Rule 2A proceeding to submit written objections; revision allowed on contest with impugned order set aside and time-bound disposal of the suit and misc. case directed.
What did the court decide?
Impugned order No. 102 dated 06.01.2018 set aside; revisionists permitted to file written objections in J. Misc. case No. 06 of 2016 within a fortnight (not to be accepted thereafter, with presumption that no favourable order was passed); cost of Rs. 5000/- payable to opposite party No. 1 or No. 2 within 10 days imposed as a condition precedent for accepting the written objections; trial Court directed to dispose of title suit No. 25 of 2016 and J. Misc. case No. 06 of 2016 within 3 months of communication of this order. (Earlier in the same sitting: delay condoned, dismissal of 11.05.2022 recalled, and CO 241 of 2018 restored with interim orders.)