Sri Susanta Dey & Ors vs Sri Nandalal Dey & Ors
2026 Latest Caselaw 632 Cal/2

Calcutta High Court

Sri Susanta Dey & Ors vs Sri Nandalal Dey & Ors on 6 February, 2026

OD-4                                  ORDER SHEET

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

                                      IA NO. GA/31/2026
                                            IN
                                       CS/911/1988

                                   SRI SUSANTA DEY & ORS.
                                           VS
                                  SRI NANDALAL DEY & ORS.

BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY

Date : February 06, 2026.

Appearance:

Mr. Subir Sabud, Adv.

Mr. Surojit Maity, Adv.

.... for the plaintiffs.

Mr. Sakya Sen, Sr. Adv.

... for the defendant no.18.

Mr. Gulam Mustafa, Adv.

Ms. Mohua Palit, Adv.

... for the defendant no.3.

Mr. Arun Kumar Das, Adv.

... for the defendant nos. 4 & 6.

The Court:-Learned Advocates for the plaintiff/petitioner moves the

application being GA/31/2026 for recalling the order dated September 4, 2025

and restoring the order dated August 13, 2025 passed in the morning.

Mr. Sen learned Senior Advocate for the defendant no.18 vehemently

objects the petition and submits that this application is not maintainable on

the ground that pursuant to the order dated August 13, 2025 the matter was

fixed and upon hearing the learned Advocate at length a decision was taken on

September 4, 2025. He further submits that as the application itself is ex facie

not maintainable, there is no scope for filing any affidavit.

However, learned Advocates for the defendant nos.3, 4 and 6, who are

present, are supporting this application of the plaintiff/petitioner and they

intend to file affidavit thus an opportunity is given to file affidavit. Let affidavit

be filed on or before February 27, 2026.

Let this matter appear on March 6, 2026.

(BISWAROOP CHOWDHURY, J.) nm