Ziaruddin Ahmed vs Rafiuddin Ahamed
2021 Latest Caselaw 3516 Cal

30.06.2021

RP

S.A.T. 988 of 2001 + IA No.CAN 1 of 2001 (Old No.CAN 2805 of 2001) (Application not found) (Via Video Conference) r

Ziaruddin Ahmed Vs.

Rafiuddin Ahamed

The second appeal tender is of year 2001. It

was reported on 12th September, 2002 that it is out of

time by 153 days and not accompanied by application

for condonation of delay. There is also discrepancy in

valuation as appearing from the decrees of the lower

Courts. There is also endorsement made by

Registrar, Administration on 28 th August, 2003,

appearing in order sheet, requiring the memo to be

taken back for filing along with application for

condonation of delay. The third defect is difference in

date of decree of trial Court with its judgment. This

defect need not detain moving of the appeal for

admission since rule 7 in order 20, Code of Civil

Procedure, 1908 provides for date of decree to be the

date, on which the judgment was pronounced. None

appears on behalf of appellant.

Let notice enclosing copy of this order be

issued to the learned advocate for removing defects

and that the appeal will be listed in monthly list of

August, 2021. In event the defects are not removed or

appellants continue to go unrepresented on

adjourned date or thereafter or either of the above,

the appeal is likely to be dismissed.

List in monthly list of August, 2021.

Additional Stamp Reporter will report on

removal of defects or omission in regard thereto, as

the case may be.

(Arindam Sinha, J.)

(Biswajit Basu, J.)