Sri Abhijit Mitra vs Smt. Dipa Mitra (Ghosh)
2022 Latest Caselaw 4748 Cal

   30
 sandip
 Ct. 18
25.07.2022

C.O. No. 1079 of 2018 I.A. No : CAN 1 of 2021 Sri Abhijit Mitra Vs.

Smt. Dipa Mitra (Ghosh)

Md. Shahjahan Hossain, Ms. Sanjida Sultana ... For the petitioner.

Re : I.A. No : CAN 1 of 2021

This is an application for recalling of the order dated

January 08, 2021 whereby the present revisional

application was dismissed for default.

Perused the application.

It appears that the petitioner was prevented by sufficient

cause from appearing before the Court when the matter

was called on for hearing.

The order dated January 08, 2021 is therefore recalled.

C.O. 1079 of 2018 is restored to its original file and

number.

I.A. No : CAN 1 of 2021 is disposed of without any order

as to costs.

Re : C.O. 1079 of 2018

The petitioner in the present application under Article

227 of the Constitution of India has assailed the judgment

and order passed in the Matrimonial Suit No. 227 of 2015

whereby the said suit was dismissed.

The revisional application is entirely misconceived.

Md. Shahjahan Hossain, learned advocate for the

petitioner submits that the instant application against the

said judgment and order has been filed by mistake and as

soon as the said mistake was detected, his client instructed

him not to press the application.

He, however, prays leave to take back the certified copy

of the impugned judgment.

C.O. 1079 of 2018 is dismissed as not maintainable

without any order as to costs.

Liberty, however, is granted to the learned advocate for

the petitioners to take back the certified copy of the

judgment dated February 17, 2018 passed in the

Matrimonial Suit No. 227 of 2015 upon furnishing a

photocopy thereof.

Urgent Photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance with

all requisite formalities.

(Biswajit Basu, J.)