Sri Bhulendranath Mandal vs Smt. Bharati Roy (Pandey) & Anr
2021 Latest Caselaw 1785 Cal

    31
09.03.2021
    rrc

                                SAT 92 of 2020
                                      with
                             IA No. CAN 1 of 2021
                                     with
                              IA No. CAN 2 of 2021

                           Sri Bhulendranath Mandal

                                   - Versus -

                        Smt. Bharati Roy (Pandey) & Anr.

                            (Through Video Conference)


                  Mr. Usof Ali Dewan
                  Mr. Asif Dewan
                                            ......For the appellant


                  We have perused the report of the stamp reporter

             revealing that there are some defects found in the decree

             furnished in this case with respect of the name of the

             respondent no. 2 - both in the trial Court decree as well as

in the first lower appellate Court decree. There is also

some defect with regard to the date of decree drawn by the

first lower appellate Court.

That being the position, the decree of both the Courts

needs to be corrected.

We direct the first lower appellate Court to correct the

appellate decree in terms of the report of the stamp

reporter, as already mentioned in this order, within one

month from the date of communication of this order and

supply the certified copy of the first lower appellate Court

decree doing necessary corrections for the purpose.

While recording such corrections in the appellate

Court decree, the learned Judge of the first lower appellate

Court is directed to pass an order requiring the trial Judge

to make necessary corrections in the decree, if any, in the

judgment and decree of the trial Court.

Department is directed to make a communication of

this order to the first lower appellate Court being the

Additional District & Sessions Judge, Fast Track, 3rd

Court, Malda together with the certified copies of the two

decrees supplied to the appellant for the purpose of doing

the necessary corrections.

With these directions, we propose to take the matter

six weeks after, after the necessary corrections are made

in the decrees in terms of our observations mentioned

hereinabove.

Let the decree be corrected.

(Subhasis Dasgupta, J.) (Soumen Sen, J.)