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2022 DIGILAW 612 (ORI)

Hatanagar Ghose v. Durgamani Ghose

2022-12-09

A.K.MOHAPATRA, S.MURALIDHAR

body2022
JUDGMENT I.A. No.2 of 2022 1. A written note of submission has been filed by Mr. A. Pal, learned counsel for the Appellants/non-Applicants, raising certain objections to the entertaining of the present application by the Court. However, he is unable to dispute the fact that the counsel for the Applicant i.e. the Respondent No.1 in AHO No.34 of 1998 was in fact not present and, therefore, not heard when this Court passed the order dated 5th November, 2021. 2. Given the nature of the case and the fact that the order of which recall is sought has adverse consequences for the Applicants/Respondents, the plea that a final order of this Court disposing of the appeal ought to be passed after hearing Respondent No.1, appears to be well founded. 3. For the above reason, the application is allowed. The order dated 5th November, 2021 passed in the AHO No.34 of 1998 is recalled and the AHO is restored to file. 4. The I.A. is disposed of. 5. The present appeal is restored as a result of the above order passed today in I.A. No. 2 of 2022. 6. List before the roster Bench on 30th January, 2023.