The Court allowed the restoration of the impugned order dismissing a revision application by default. Consequently, the original CRP No. 43/2020 which was dismissed for non-prosecution is revived upon deposit of ₹5,000 with the State Legal Services Authority.
Order dated 8/11/2021 is recalled; CRP No. 43/2020 is revived subject to deposit of cost ₹5,000.
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GAHC010050402022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/839/2022
ASHOK SARKAR
S/O- LT. BINOY KRISHNA SARKAR AND LT. SANDHYA RANI SARKAR, R/OANANDA NAGAR, BYE LANE NO. 2, P.O. PANDU, P.S. JALUKBARI, GUWAHATI- 12, DIST. KAMRUP(M), ASSAM.
VERSUS
GAUTAM SARKAR
S/O- LT. BINOY KRISHNA SARKAR AND LT. SANDHYA RANI SARKAR, R/OKAMAKYA GAON, NEAR PITAMBAR SARMA PATH, MALIGAON CHARIALI, MALIGAON, GUWAHATI- 781011, P.S. JALUKBARI, DIST.- KAMRUP(M), ASSAM.
Advocate for the Petitioner : MR. S ALIM
Advocate for the Respondent : MR. SHEELADITYA
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 14/09/2022
Heard Mr. S. Alim, the learned counsel appearing on behalf of the applicant. None appears on behalf of the respondent on call.
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The learned counsel for the applicant has drawn the attention to the notice issued on 28/3/2022 to the counsel appearing on behalf of the Respondent which was duly received on 31/3/2022. Further to that, it has also been seen that the name of the learned counsel for the respondent have duly been reflected in the cause list.
The instant application has been filed for restoration of the revision application which was dismissed for default by this Court on 8/11/2021. The grounds assigned therein being satisfactory, this Court recalls the order dated 8/11/2021 and thereby revives the CRP No. 43/2020, which was dismissed for non-prosecution. The same is being done subject to deposit of cost of Rs. 5,000/- which the applicant shall deposit before the State Legal Services Authority and submit a receipt thereof before the Registry and thereupon the CRP No. 43/2020 shall stand revived.
The notice so furnished by the learned counsel for the applicant is kept on record and marked with the letter “X”.
The IA stands disposed off.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the revision application filed for restoration and revival of a dismissed CRP should be allowed subject to deposit of costs?
ASHOK SARKAR
GAUTAM SARKAR
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
