CHANCHAL BHATTACHARJEE Vs. SRIKUMAR BHATTACHARJEE

JUDGEMENT

(1.) Shri Gayen, learned counsel with Shri Dutta, learned advocate appear for the petitioner in CO 1146 of 2013. Shri Biswas, learned advocate with Ms. De (Ganguly), learned advocate appear for the opposite party Nos. 2, 3 and 4 in CO 1146 of 2013. Shri Biswas also appears for the petitioners in CAN No. 9152 of 2013. Shri Gayen appears for the sole opposite party in CAN No. 9152 of 2013.

(2.) By filing CAN No. 9152 of 2013 Shri Biswas prays for recalling of the order dated 29th July, 2013 passed by an Hon'ble Single Bench of this Court allowing CO 1146 of 2013 ex parte. Shri Biswas submits that caveat was filed on behalf of his clients vide caveat No. 1193 of 2013 dated 18th March, 2013. Endorsement of such caveat was made by the registry on the Court's file of CO 1146 of 2013. According to Shri Biswas, in spite of lodging of the caveat no notice was served on him or his clients by the petitioner and the matter was decided ex parte by the order dated 29th July, 2013.

(3.) Shri Biswas further points out that it has been specifically pleaded at paragraph No. 8 of CAN No. 9152 of 2013 that his clients came to learn of the order dated 29th July, 2013 on 5th August, 2013 when the learned advocate for the petitioner appearing before the learned Trial Court filed an application under Order 39 Rule 7 of the Civil Procedure Code for hearing in terms of the direction of the Hon'ble High Court dated 29th July, 2013. He submits that CAN No. 9152 of 2013 was affirmed on 2nd September, 2013, i.e. within one month of the date of knowledge on 5th August, 2013 of the Hon'ble High Court's order dated 29th July, 2013. He prays for recalling of the order dated 29th July, 2013 so that he is granted an opportunity to contest CO No. 1146 of 2013.