S/L 85.
19.03.2021
S.D.
S.A.T. 9 of 2018
With
CAN 1 of 2018 (Old No. CAN 7224 of 2018)
CAN 2 2020 (Old No. CAN 814 of 2020)
CAN 3 of 2021
(Via Video Conference)
Subed Ali & Ors.
Vs.
Sakila Bibi & Ors.
Ms. Shila Sarkar
...For the Appellants.
Mr. Chitta Ranjan Chakraborty
Mr. D.J. Chakraborty
...For the Respondents.
In re: CAN 3 of 2021 This is an application for substitution of heirs of the deceased defendant/respondent no. 38 who died intestate on 25.12.2020 leaving behind his widow, son and daughter as mentioned in the cause title of the application. They are all major, sui juris and do not suffer from any legal disability and the application is made within time.
Upon hearing the learned Advocate for both the parties, let the heirs of the deceased respondent no. 38 be incorporated to the cause title of the memorandum of appeal as 38(a) to 38(f).
2Department is directed to take note of the cause title of the Memorandum of Appeal and necessary amendments be carried out accordingly.
Thus, the application being CAN 3 of 2021 is disposed of.
No order as to costs.
In re: CAN 2 of 2020 (Old CAN 814 of 2020) The applicants/petitioners are defendants/respondents no. 39(a) to 39(1) and 40 in the instant appeal. The appellants who were plaintiffs before the Trial Court in Partition Suit being Partition Suit No. 26 of 1978 had preferred before the Additional District Judge, Malda and the Appeal Court by judgment dated 25.8.2017 affirmed the judgment of the Trial Court. On being aggrieved, the appellants have preferred this Second Appeal which is admitted by order dated 11.9.2018 on formulation of substantial questions of law and an usual order was passed for calling of the Lower Court Records and to issue notices. But there was no direction for preparation of informal Paper Book upon the appellant.
It appears that the Lower Court Records have not been received by this Court. Presumably, no step has been taken for calling for the LC.R. Therefore, the respondents/applicant's prayer is considered which direct 3 upon them to call for L.C.R. by Special Messenger for early hearing of the appeal. Costs of such Special Messenger be deposited within a week from the date. After the L.C.R. are brought to the department, department will check and verify the case records and will put the applicants/respondents on notice about the arrival of the records so as to enable the applicants/respondents to prepare informal Paper Book out of Court in accordance with law and appellants/plaintiff is accordingly directed to serve a legible copy of Memorandum of Appeal with all annexures of this appeal being S.A.T. No. 9 of 2018 within seven days from the date.
It appears that the case remains listed under the heading S.A.T. 9 of 2018. The department will register it as Second Appeal if there is no legal impediment to them.
Thus, CAN Application being CAN 2 of 2020 (Old CAN 814 of 2020) is disposed of.
No order as to costs.
(Shivakant Prasad, J.)