Ab Smt. Namita Bose (Das) vs Sri Suman Bose
2023 Latest Caselaw 7297 Cal

156   18.10.                          FAT 29 of 2023
      2023                           IA No. CAN 1 of 2023
                                     IA No. CAN 2 of 2023
      Ct. No. 04

         Ab                        Smt. Namita Bose (Das)
                                            Vs.
                                      Sri Suman Bose

                                            ---------------

Mr. Mihir Kumar Das, Mr. Nimai Chandra Konar.

... for the appellant.

Re: CAN 1 of 2023 This is an application for condonation of delay in preferring the instant appeal beyond the statutory period of limitation provided therefor.

Our attention is drawn to an order dated 17th May 2023 wherefrom it appears that the respondent was represented before the Court and on his prayer the matter was adjourned.

Today, when the matter is taken up, there is no representation on behalf of the respondent.

Learned Advocate appearing for the appellant submits that on and from month of March 2022, the respondent all of a sudden stopped sending money to the appellant and thereafter the appellant being suspicious came to Malda and enquired through the Police Station that a decree of divorce has been passed ex parte against the appellant. Immediately thereafter an approach was made to the District Legal Services Authority, Malda and subsequently the certified copy of the judgment and decree was applied and obtained on 25th August 2022 and thereafter a Lawyer was engaged by the State Legal Services Authority and by the time the appeal is filed and there was a delay of 240 days.

Considering the averments made in the instant application and in absence of any traverse in this regard by the respondent, we find that the appellant was

pursuing the remedy from the District Legal Services Authority and obviously a considerable time was consumed, which occasioned the delay in filing the instant appeal.

We, thus, find that the explanations offered in the instant application are sufficient. The delay in filing the appeal is condoned. The instant application is disposed of.

The office is directed to formally register the appeal.

Let the application for stay being CAN 2 of 2023 be listed one week after reopening of this Court following Puja Vacation for the year 2023.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)