Ghosh & Ors. Vs. Anupama Ghosh & Ors.  INSC 385 (10 May 2010)
APPELLATE JURISDICTION CIVIL APPEAL NO.4364 OF 2010 (Arising out of S.L.P. (C)
No.10815 of 2006) Shyamal Ghosh and Ors. ...Appellant(s) Versus Anupama Ghosh
and Ors. ...Respondent(s)
O R D E R
heard learned counsel for the parties.
appeal is directed against the order dated 30th January, 2006, passed by the
High Court of Calcutta in C.O. No.4012 of 2005.
facts, which are necessary to dispose of the appeal, are recapitulated as
was dismissed in default because of the non- appearance of the counsel. The
application for restoration of the same was moved and the Court, after imposing
the cost, restored the suit. Against the said order, the respondents preferred
a revision petition before the Calcutta High Court.
Calcutta High Court, in its limited jurisdiction, under Section 115 of the Code
of Civil Procedure, 1908, has set aside the order by which the Trial Court
allowed the application. On consideration of the totality of the facts and
circumstances of the case, we are clearly of the view that the High Court ought
not to have interfered against the ....2/- - 2 - order of the Trial Court
allowing the application for restoration. Consequently, the impugned judgment
is set aside. To avoid the delay in the matter, the parties are directed to
appear before the Trial Court on 24th May, 2010.
Court is requested to dispose of the suit as expeditiously as possible.
appeal is, accordingly, allowed.
facts and circumstances of the case, we direct the appellants to pay costs to
the respondents within four weeks, which is quantified at Rupees ten thousand.
......................J. [DALVEER BHANDARI]
......................J. [ANIL R. DAVE]
May 10, 2010.