Tarak Chandra Roy ... vs Waddes Molla
2025 Latest Caselaw 3499 Cal/2

Calcutta High Court

Tarak Chandra Roy ... vs Waddes Molla on 16 December, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-1
                      IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                       Ordinary Original Civil Jurisdiction

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR


                             IA NO. GA-COM/1/2025
                              In IPDATM/232/2023

             TARAK CHANDRA ROY (ORA/103/2007/TM/KOL)
                               Vs
                         WADDES MOLLA


For the petitioner                       : Mr. Sayantan Basu, Sr. Adv.
                                           Mr. Tanmoy Roy, Adv.


Heard on                                 : 16.12.2025

Judgment on                              : 16.12.2025


Ravi Krishan Kapur, J.:

1. This is an application for recalling of an order dated 26 August, 2025

dismissing the application on the ground that the Advocate appearing

on behalf of the applicant had no instructions from his client.

For convenience, the order dated 26 August, 2025 is set out below;

"It is submitted on behalf of the appellant that he has no instruction from his client.

The matter had appeared on 25th August, 2025 and 27th November, 2024 when the same was adjourned on the ground of the petitioner's inaction.

In view of the lack of instructions, IPDATM/232/2023 stands dismissed for non-prosecution."

2. It is contended on behalf of the applicant that primarily on the ground

that the applicant was in hospital and unwell he was unable to

instruct his Advocate. In support of such contentions, the applicant

relies on medical prescriptions and hospital bills showing that the

applicant had been admitted to hospital for a period of two days. The

remaining medical prescriptions suggest that the applicant is a

diabetic and suffering from hypertension and skin ailments.

3. The records of this case demonstrate that the application had initially

appeared on 2 May, 2023 when in the absence of either of the parties,

the matter was adjourned. Thereafter, on 27 November, 2024 the

Advocate appearing on behalf of the applicant had sought for time to

file his Vakalatnama. Significantly, this order has been suppressed in

the application. It was only after production of the records did this

fact emerge which does not find any whisper in the application. The

matter then appeared on 5 August, 2025 when a last opportunity was

granted to the Advocate to take instructions. Ultimately, the matter

was dismissed on 26 August, 2025 in view of the lack of instructions

and failure to take any steps.

4. There is nothing in this application which warrants recalling of the

order dated 26 August, 2025. The applicant has relied on medical

reports which do not explain nor justify the delay. The matter had

repeatedly appeared during a span of seven months and the applicant

was unable to take instructions. On a reading of the application and

the orders passed in the main proceeding, the plea of medical illness

is concocted and unbelievable. As a principle, equity only aids the

vigilant and not the indolent. A system cannot be hijacked to such an

extent. There are no grounds for condonation. The application is

misconceived and is dismissed.

5. In view of the above, GA-COM/1/2025 stands dismissed.

6. However, there shall be no order as to costs.

(RAVI KRISHAN KAPUR, J.)

SK.