Kumari Mun Mun Roy vs Fiona Angeela Roy (Das) Alias Fiona ...
2024 Latest Caselaw 2784 Cal/2

Calcutta High Court

Kumari Mun Mun Roy vs Fiona Angeela Roy (Das) Alias Fiona ... on 2 September, 2024

OD-29                          ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
             EXTRAORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE

                              IA No.GA/6/2024
                                     IN
                                EOS/3/2008

                     KUMARI MUN MUN ROY
                               VS.
      FIONA ANGEELA ROY (DAS) ALIAS FIONA ANGELA MORIS DAS


BEFORE:
The Hon'ble JUSTICE BIVAS PATTANAYAK

Date: 2nd September, 2024

Ms. Mamata Khatun, Mr. Satyam Mukherjee, Ms. Sayani Ahmed, Advocates for plaintiff/applicant.

The Court : Affidavit of service filed on behalf of the applicant is taken

on record.

This is an application seeking leave to obtain certified copies of the

Written Statement along with the Counter Claim and annexures, if any, filed

by the defendant in EOS 3 of 2008 and also for leave to file Written

Statement against Counter Claim filed by the defendant in EOS 3 of 2008.

Mr. Satyam Mukherjee, learned Advocate for the plaintiff/applicant

submits that by an order dated 5th January, 2024 the ex parte judgment

and decree dated 23rd March, 2011 allowing the Counter Claim of the

defendant and dismissing the suit of the plaintiff was set aside. Pursuant

thereto the plaintiff/applicant filed application for obtaining certified copies

of the Written Statement and Counter Claim along with annexures filed by

the defendant in EOS 3 of 2008. However, it was informed by the

department that without the leave of the Court, certified copies of the

documents, applied for, cannot be issued. Accordingly, the

plaintiff/applicant by the present application has sought for leave to obtain

certified copies of the aforesaid documents and papers as well as leave to file

Written Statement against the Counter Claim filed by the defendant in EOS

3 of 2008.

From Annexure 'D' at page 27 of the application it is found that the ex

parte judgment and decree dated 23rd March, 2011 was set aside by this

Court on 5th January, 2024. Accordingly, let there be an order in terms of

prayer (a) of the petition.

Leave is also granted to the plaintiff/applicant to file Written

Statement against the Counter Claim filed by the defendant in EOS 3 of

2008 within a period of 90 days from the date of issuance of the certified

copies of the aforesaid documents and cause papers.

The application being GA/6/2024 stands disposed of.

(BIVAS PATTANAYAK, J.)

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