Asim Kumar Roy, J. - (1.) The opposite party No. 1 herein moved an application under Sec. 12 of the Protection of Women 's from Domestic Violence Act against the petitioners seeking the following reliefs; (a) Right to residence. (b) Monetary relief and (c) A sum of Rs. 2000/ - as a share of profit from the business of the petitioners.
(2.) However, such application of the opposite party was partly succeeded. The Learned Trial Court only allowed her prayer as regards to the right of residence. Against such order she filed an appeal under Sec. 29 of Protection of Women 's from Domestic Violence Act before the Learned District & Sessions Judge, Howrah. Since there was a delay of 89 days, she filed such appeal along with an application for condonation of delay. It appears the Learned Judge without giving any notice to the present petitioners allowed the application for condonation of delay and only on the ground that the Learned A.P.P. did not oppose the prayer for condonation of delay. Hence this criminal revision.
(3.) Heard Mr. Anjan Banerjee, the Learned Counsel appearing for the petitioners as well as Mr. Somnath Roy Chowdhury, the Learned Counsel appearing for the opposite party No. 1. None appears on behalf of the State.;