Bhattacharya, J. - (1.) These are the applications for recalling order dated 19th March, 2002 passed by a Division Bench dismissing those appeals for default along with the prayer of condonation of delay in filing these applications.
(2.) Being dissatisfied with an order dated 19th March, 1993 passed by a learned Single Judge thereby allowing an application of respondent Nos. 2 and 3 for taking of the plaint out of the file and dismissing the suit after rejecting an application filed by the applicant for extension of time for service of summons upon those respondents, the present applicant preferred two separate appeals before the Division Bench of this Court. On 19th March, 2002 when those appeals were called for hearing, as none appeared on behalf of the appellant those appeals were dismissed tor default. It may be mentioned herein that at the time of dismissal of those appeals for default even none appeared on behalf of the respondents.
(3.) Subsequently, more than three years thereafter, in the month of August, 2005, the present applications for restoration along with an application for condonation of delay in filing these applications have been filed on the ground that on the date fixed for hearing, the dealing assistant of the learned Advocate-on-record of the applicant who was looking after the matter could not come to Court due to his personal difficulty and consequently, the learned Advocate-on-record also could not look after the matter and as such, the appeals were dismissed for default.;