Bhabani Mallick v. Swapan Kr Mallick
Case brief
What is this about?
Bhabani Mallick v. Swapan Kumar Mallick, C.O. 1489 of 2025 (decided 01/05/2025, Hiranmay Bhattacharyya, J.). Article 227 petition against rejection of Section 5 Limitation Act (condonation of delay) application in Order 9 Rule 13 CPC miscellaneous case; impugned order noted as appealable; petition dismissed as withdrawn with liberty to approach appropriate forum; certified copy of impugned order permitted to be replaced by photostat; no costs. No precedent cited.
What did the court decide?
Leave to withdraw the Article 227 application granted; C.O. 1489 of 2025 dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum in accordance with law; advocate on record permitted to take back the certified copy of the impugned order replacing it with a photostat copy; no order as to costs. ¶9