Single judge allowed an application for restoration of a dismissed criminal revision citing bona fide illness of the counsel as sufficient ground to condone delay and set aside the default order.
Order dated 18.04.2018 dismissing CRP 417/2013 was recalled; proceedings in CRP 417/2013 restored to file.
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.
Page No.# 1/2
GAHC010162342018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 2709/2018
1:SRI MUKUT PHUKAN
S/O- LATE PITHURAM PHUKAN, PROPRIETOR / OWNER OF M/S STEEL AND GRIP, CHABUA R/O- CHABUA, PO-CHABUA, DIST- DIBRUGARH, ASSAM, PIN-786184
VERSUS
1:THE UNITED BANK OF INDIA and 2 ORS.
(A BANK DULY CONSTITUTED UNDER THE PROVISION OF BANKING COMPANIES ACQUISITION and TRANSFER OF UNDERTAKING ACT, 1970) REP. BY ITS CHAIRMAN, HAVING ITS HEAD OFFICE AT HEMANTA BASU SARANI, KOLKATA- 700001, WEST BENGAL
2:THE CHIEF REGIONAL MANAGER UNITED BANK OF INDIA RKB PATH DIBRUGARH P.O. P.S. AND DIST.- DIBRUGARH ASSAM
3:THE BRANCH MANAGER UNITED BANK OF INDIA CHABUA BRANCH P.O. P.S. AND DIST.- DIBRUGARH ASSAM PIN-78618
Advocate for the Petitioner : MR. R DAS
Advocate for the Respondent :
Page No.# 2/2
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 01.10.2018
Heard Mr. R. Das, learned counsel for the applicant as well as Mr. S. Dutta, learned counsel appearing for the opposite parties.
In view of the order passed today in I.A.(C) 2708/2018, the delay in filing of this application was condoned and, as such, this application has been taken up.
By this application filed under Order IX Rule 4 CPC, the applicant has prayed for restoration of CRP 417/2013, which was dismissed by order dated 18.04.2018 for default and for non-prosecution.
The learned counsel for the applicant has submitted that he was the counsel engaged in CRP 417/2013. However, as he was ill, he was on leave from 14th March, 2018 to 15th April, 2018 and his name was reflected in the cause list in the letter of absence column at Sl. No. 3 in the cause list dated 10.04.2018. It is further submitted that he was undergoing treatment at Christian Medical College & Hospital, Vellore and he has annexed the medical certificate to that effect.
It is also submitted that the non-appearance of the learned counsel on the date when the matter was listed was due to his illness. It is also submitted that although listing of the matter on 18.04.2018 has escaped to the notice of his junior counsel and that there was no negligence on part of the counsel in attending the said revision.
Although the learned counsel for the opposite parties has objected to this application, but considering the explanation given relating to the illness of the counsel, this Court is satisfied that the non-appearance of the learned counsel on 18.04.2018 when CRP 417/2013 was called was on genuine reason of his illness . Hence, this application stands allowed and the proceedings of CRP 417/2013 stands restored to file by recalling the order dated 18.04.2018.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay in filing an application for restoration of dismissed criminal revision is condonable due to the illness of the counsel representing the appellant.
1 provisions across 1 enactments
Mukut Phukan
The United Bank of India
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
