SUDIPTA CHAKRABORTY Vs. MADHUMITA BHATTACHARYA

JUDGEMENT

(1.) Heard Mr Gupta assisted by Ms Santra, Mr Pal and Mr Moitra representing the petitioner-husband. Heard also Mr Bhattacharya appearing for the opposite party-wife.

(2.) Perused the materials on record and the impugned order dated February 24, 2016 whereby learned trial court dismissed the suit for default taking note of recurring fault of the petitioner on all dates fixed for the suit, where even despite asking to show-cause the husband or his representative did not adhere to.

(3.) Mr Gupta rightly pointed out that on either of the dates till before dismissal of the suit for default any date was not fixed for hearing, and that is why the application under section 151 CPC was presented for recalling the order of dismissal and to allow an opportunity to the petitioner to proceed with the suit which was declined.