O-5-6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IA NO. GA/8/2023 In CS/5/1994 UMA BOSE Vs SANDIP KR. JHUNJHUNWALLA IA NO. GA/9/2023 In CS/5/1994 UMA BOSE Vs SANDIP KR. JHUNJHUNWALLA BEFORE: The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 3rd April, 2023. Appearance : Mr. I. Saha, Adv. Mr. N. Sengupta, Adv. Mr. S. Banerjee, Adv. Ms. S. Ghosh, Adv. The Court : The application namely GA/8/2023 is filed praying for restoration of GA/2704/2011 and GA/9/2023 is filed with a prayer for condonation of delay. The crux of the matter is that an exparte Order was passed on 8th April, 2011 and the suit was decreed exparte accordingly. Subsequently, GA/2704/2011 was filed praying for setting aside the exparte decree. The said GA/2704/2011 was dismissed for default by the Order dated 11th September, 2017. Presently, the plea of the petitioner is to restore GA/2704/2011. It is explained in the application that change of Advocate is one of the reasons for delay in filing the instant application. It is further averred that inaction on the part of the elder brother and intervening 2 unforeseen situation during Covid period prevented the petitioner to approach the Court in time. It is further averred that because of ill health he could not take steps in proper time. On perusal of the application it appears that suit was dismissed as early as in the year 2011. The application GA/2704/2011 was dismissed on 11th September, 2017. Pandemic period came much later. Even thereafter the petitioner had sufficient time to approach this Court. This petition has been filed on 16th February, 2023 that is after lapse of almost six years. All throughout, the petitioner shows non-challant attitude with the litigation. Explanation given for delay is not satisfactory. Accordingly, GA/8/2023 along with GA/9/2023 stands dismissed. (SUGATO MAJUMDAR, J.) mg