Disposed¶14

Devasree Biswas Nee Das v. Soumya Kanti Biswas

Calcutta HC6 Aug 2025FA/87/2024

Case brief

AI extract

What is this about?

Condonation of delay 353 days; ex parte decree; setting aside; Order IX Rule 13 CPC; Misc. Case No. 23 of 2022; Additional District Judge Hooghly; SLP(C) Nos. 6280-6281/2025; Supreme Court order dated 2 May 2025; appeal infructuous; disposed of in terms of Supreme Court order; no order as to costs; Devasree Das @ Biswas; Soumya Kanti Biswas; FA 87 of 2024; CAN 1 of 2023; CAN 2 of 2023; Soumen Sen; Apurba Sinha Ray; decision date 06-08-2025.

What did the court decide?

Delay of 353 days condoned; appeal FA 87 of 2024 and connected applications (CAN 1 of 2023, CAN 2 of 2023) disposed of in terms of the Supreme Court's order dated 2 May 2025 in SLP(C) Nos. 6280-6281/2025; no order as to costs; the Supreme Court's order taken on record. ¶14

Devasree Biswas Nee Das Vs Soumya Kanti Biswas — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 353 days in preferring the appeal should be condoned. +1 more

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Court's answer

The delay of 353 days in preferring the appeal is condoned in view of the Supreme Court's order in SLP(C) Nos. 6280-6281/2025.

¶11

Ratio / Principle

The grounds taken in the appeal are the self-same grounds on which the learned Additional District Judge is required to hear the Order IX Rule 13 application; having regard to the Supreme Court's direction that the said application be heard out, the appeal and the connected applications are disposed of in terms of the Supreme Court's order, with no order as to costs.

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Key takeaways

The appeal, being on the self-same grounds as the ex parte decree without challenging its merits, has become infructuous.ratio¶10

Detailed headnote1 paragraphs

FA 87 of 2024 (Devasree Das @ Biswas v. Soumya Kanti Biswas) — Condonation of delay and disposal in terms of Supreme Court direction. A Bench comprising Soumen Sen and Apurba Sinha Ray, JJ. found a delay of 353 days in preferring the first appeal against an ex parte decree and condoned it in view of the Supreme Court's order in SLP(C) Nos. 6280-6281/2025 dated 2 May 2025, whereby the Additional District Judge, Hooghly was directed to hear and decide on merits Misc. Case No. 23 of 2022 under Order IX Rule 13 CPC for setting aside the ex parte decree. Observing that the appeal was founded on the self-same grounds as that application, without challenging the merits of the decree, and had thereby become infructuous, the Bench disposed of the appeal and the connected applications (CAN 1 of 2023, CAN 2 of 2023) in terms of the Supreme Court's order, with no order as to costs, and took the Supreme Court's order on record.

Devasree Biswas Nee Das v. Soumya Kanti Biswas

Case brief

What is this about?

What did the court decide?

Devasree Biswas Nee Das v. Soumya Kanti Biswas

Case brief

What is this about?

What did the court decide?

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What the court decided

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