Gita Nayek vs State Of West Bengal & Ors
2022 Latest Caselaw 1128 Cal

10.03.2022
Srimanta
Sl. No. 07
Ct. No. 42
             IA No.:CAN/1/2020, CAN/2/2020, CAN/3/2020
                                      in
                              RVW/85/2020
                                 Gita Nayek
                                    -Vs.-
                       State of West Bengal & Ors.
                                     with
             IA No.:CAN/1/2012 (Old No.:CAN/7550/2012),
                                CAN/2/2014 (Old No. :
                                    CAN/6093/2014)
                                      in
                             FMA/1205/2012
                       Durgapada Karmakar & Ors.
                                    -Vs.-
                             Gita Nayek & Anr.
                          [Via Video Conference]
                 Mr. Pratip Mukherjee, Adv.,
                 Ms. Ankadyuti Neogi, Adv.
                                               ...for the appellants.
                 Mr. Kushal Chatterjee, Adv.,
                 Mr. Debasis Kar, Adv.
                                         ...for the opposite parties.

                                      Re : CAN/3/2020
                                         in
                                 RVW/85/2020
                   Affidavit-of-service filed in Court today be kept
             with the record.
                   This is an application under Section 5 of the
             Limitation Act for condonation of delay in filing the
             review application against the judgment passed by
             this Court in FMA 1205/2012.
                   I have perused the application under Section 5
             of the Limitation Act. I have also heard the Learned
             Advocates for the petitioner and the opposite party.
             It appears from the record that the judgment of FMA
             1205/2012 was passed on 6th December, 2019. It is
             contended by the petitioner that the said judgment
             was passed ex parte and the petitioner had no
             knowledge about the judgment being passed in FMA
                               2




1205/2012.        Subsequently, due to the outbreak of
Covid pandemic the petitioner could not file the review
application within the statutory period of time.
      The opposite party has filed an affidavit-in-
opposition against the application under Section 5 of
the Limitation Act.     Mr. Kushal Chatterjee, Learned
Advocate for the opposite party submits that the
limitation for filing review application is 30 days. The
said period of limitation came to an end in the month
of January, 2020.      The outbreak of Covid pandemic
and the consequent decision of condonation of delay
during    Covid    pandemic       passed   by   the   Hon'ble
Supreme Court in MA 21/2020 speaks about the
period of limitation being ended within the period of
pandemic. When the limitation starts and ends before
pandemic, the decision of the Hon'ble Supreme Court
has no manner of application.
      Be that as it may, this Court is inclined to
dispose of the review application in a contested
manner.    It is true that the respondents/petitioners

were absent at the time of hearing of the appeal and ex parte order was passed. Therefore, I am not in a position to contradict the factual submission of gaining knowledge of the judgment passed by this Court by the petitioners. Considering such fact I am of the view that the petitioner has been able to establish sufficient cause for the delay in lodging the review application.

Therefore, the application under Section 5 of the Limitation Acct is allowed. Delay is condoned. The application for review be listed for hearing on 4th April, 2022 at 2.00 p.m. Other applications being CAN/1/2020 and CAN/2/2020 are also treated to be disposed of.

(Bibek Chaudhuri, J.)