IN THE SUPREME COURT OF INDIA

CIVIL 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

Leave granted.

We have heard learned counsel for the parties.

This appeal is directed against the order dated 30th  

January, 2006, passed by the High Court of Calcutta in C.O.  

No.4012 of 2005.

The brief facts, which are necessary to dispose of  

the appeal, are recapitulated as under:

The suit 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.  

The 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.  

The  Trial  Court  is  requested  to  dispose  of  the  suit  as  

expeditiously as possible.

The civil appeal is, accordingly, allowed.

In the 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]

New Delhi, May 10, 2010.