DULALENDU CHATTERJEE Vs. MADHURI DUTTA
LAWS(CAL)-2013-2-152
HIGH COURT OF CALCUTTA
Decided on February 01,2013

Dulalendu Chatterjee Appellant
VERSUS
Madhuri Dutta Respondents

JUDGEMENT

- (1.) THIS is an application under Section 5 of the Limitation Act praying for condonation of delay in filing an application for restoration of the revisional application which was dismissed for default on June 27, 2012. After having heard the respective submissions and on perusal of the averments made in the said application, this Court finds that the petitioner was prevented by a sufficient cause in filing an application for restoration within the statutory period of limitation.
(2.) THE application for condonation of delay is thus allowed.
(3.) THE delay in filing an application for restoration of the suit is condoned. CAN 11837 of 2012 This is an application for restoration of the revisional application which was dismissed for default on June 27, 2012. The cause for nonappearance on the date when the revisional application was dismissed for default is narrated in Paragraph 5, 6 and 7 of the said application which is found sufficient. The petitioner was prevented by a sufficient cause in not appearing on the day when the revisional application was dismissed for default.;


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