Smt. Anjali Rani Modak vs Sri Manindra Nath Sarkar & Anr
2021 Latest Caselaw 3185 Cal

10.06.2021

PG S.A.T. 2556 of 2001 (Via Video Conference) r

Smt. Anjali Rani Modak Vs.

Sri Manindra Nath Sarkar & Anr.

The second appeal tender is of year 2001.

Two defects have been reported. Firstly, copy of

judgment and decree of trial Court had not been filed.

Secondly, there is discrepancy in date of decree of

appellate Court. Second defect need not be an

impediment for the appeal being moved as Rule 7 in

Order 20 of the Code of Civil Procedure provides for

the decree to bear the date on which the judgment

was pronounced. That the learned Judge may have

signed the decree later may have caused the

discrepancy. None appears on behalf of appellant.

Let notice be issued to the learned advocate

for removal of first defect and that this appeal will be

listed in monthly list of August, 2021. In event the

defect is not removed or appellant goes unrepresented

or either of the above, the appeal is likely to be

dismissed.

List in monthly list of August, 2021.

(Arindam Sinha, J.)

(Abhijit Gangopadhyay, J.)