Koleswari Nandi vs Nemai Chandra Dey
2021 Latest Caselaw 3618 Cal

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14   06.07.2021

SAT 1982 of 2001

Koleswari Nandi vs.

Nemai Chandra Dey

The second appeal tender is of year 2001. On

21st May, 2007 it was reported that certified copy of order

of Misc. Case No. 10/92 had not been filed and for

consideration as to whether the tender should be

classified as second miscellaneous appeal tender (SMAT).

None appears on behalf of appellant.

The original order is Order No. 24 dated 5 th

October, 1999 passed by the Civil Judge (Junior Division),

1st Court, Kandi in the Misc. Case No. 10/92 under

sections 8 and 9 of West Bengal Land Reforms Act, 1955.

Judgment in appeal was passed by the Additional District

Judge, Kandi. This was as per provision in sub-section

(6) of section 9 in the 1955 act. Said act does not provide

for further appeal. Sub-section (6) provides for there

being an order in appeal from the Munsif's order. As

such, the appeal order is not a decree for application of

section 100 in Code of Civil Procedure, 1908. In the

circumstances, we find the appeal is not maintainable.

Since pursuant to report dated 21st May, 2007,

appellant did not take steps on dates mentioned in

ordersheet, we are convinced appellant has lost in case.

The appeal is dismissed.

(Arindam Sinha, J.)

(Biswajit Basu, J.)