Biswanath Somadder, A.C.J. - (1.) In re: CAN 1084 of 2019 This is an application for the purpose of recalling of orders dated 2nd May, 2007 and 26th June, 2018, passed in FMA 304 of 1976.
(2.) This application has been filed on 31st January, 2019, i.e. after more than six months from the order dated 26th June, 2018, being the last order which is sought to be recalled in the present application.
(3.) The records reveal that the appeal was filed in the year 1975. The same was dismissed on 30th July, 2002. Subsequently, by an order dated 2nd December, 2005, the appeal was restored. On 2nd May, 2007, the appeal was again dismissed - after its restoration - since no steps were taken on behalf of the appellants. A recalling application was filed seeking recall of the order dated 2nd May, 2007. This Court has given elaborate reasons in the order dated 26th June, 2018, why the earlier application for recalling of the order dated 2nd May, 2007, could not be allowed. In order to avoid prolixity, we choose not to repeat or reiterate what had been elaborated in the earlier judgment dated 26th June, 2018. All that is required to be stated is that a lis cannot be successively brought back to life merely because a litigant has a right to file a recalling application seeking restoration after each dismissal.;