Satyabrata Sinha, J. - (1.) This appeal is directed against the judgment and order dated April 1, 1999, passed by the learned Single Judge of this Court whereby and where under he refused to recall an order dismissing the suit ex parte.
(2.) The appellant had filed a suit. It was appearing under the heading "for hearing" on February 26, 1999. On that day, even the learned counsel for the defendant/respondent was also not present. As nobody had appeared when the matter was called on, the said suit was dismissed for default.
(3.) On the same date, the learned counsel for the plaintiff/appellant appeared before the learned Trial Judge and prayed for recalling of the said order. However, he was asked to file an appropriate application. Such an application was filed stating, inter alia, that: "5. On or about 26th February, 1999 the matter was appearing in the combined list Of His Lordship the Hon'ble Mr. Justice Amitava Lala for hearing and the plaintiff was resting assured that the plaintiff having entrusted the matter to the learned Advocates like Mr. J. Mitra. Mr. D. Roychowdhury and S. Ghosh the matter would be taken care of by the learned Advocates. Unfortunately on that day Mr. Roychowdhury was out of station and Mr. Mitra: could not reach the Hon'ble Court due to bandh call by CPI-ML and Mr. S. Ghosh reached the Hon'ble Court after recess and as a result the matter was called thrice and since nobody appeared on behalf of the plaintiff the matter was dismissed for default of appearance. As a matter of fact Shri Ghosh mentioned the matter before His Lordship the Hon'ble Justice Lala at 4.15 p. m. on that day but he was asked by His Lordship to mention on next Monday, i.e. 1.3.99". ;