Sri Shyamapada Bid vs The Union Of India & Ors
2022 Latest Caselaw 1726 Cal

01.04.2022 Item No.07 Court No.18 AJ.

C.O. 54 of 2022

Sri Shyamapada Bid

-Vs-

The Union of India & Ors.

Mr. Arup Krishna Das.

....for the petitioner.

The order proposed to be passed in the

present application under Article 227 of the

Constitution of India would not cause any

prejudice to the opposite parties as such, service

of notice of the present application upon the said

opposite parties is dispensed with.

The petitioner was the plaintiff of Money

Suit No. 08 of 2019. The plaintiff in the said suit

inter alia prayed for a decree of compensation of

Rs.1,85,00,000/- (Rupees one crore eighty five

lakhs) against the defendants.

The 2nd Court of the learned Civil Judge

(Junior Division), Asansol, District - Paschim

Burdwan has dismissed the said suit by the

judgment dated October 03, 2020.

Mr. Das, learned advocate for the

petitioner submits that the judgment dismissing

the said suit although has been pronounced but

no decree has yet been drawn up for want of

payment of required court fees.

He further submits that in the suit the

petitioner had filed an application praying

exemption to pay court fees, the learned Trial

Judge although did not pass any express order on

the said application but issued summons vide

Order No. 03 dated July 11, 2017 which signifies

that the said prayer of the petitioner was allowed,

as such, drawing up of the decree should not be

detained for payment of deficit court fees.

Heard Mr. Das and perused the materials-

on-record.

It is the specific grievance of the petitioner

that for want of decree, he is unable to prefer an

appeal.

Nonetheless, after the amendment of

Order XLI Rule 1 of the Code of Civil Procedure by

the Code of Civil Procedure (Amendment) Act of

1999 w.e.f. July 01, 2002, the memorandum of

appeal can be presented with the certified copy of

the judgment, but requirement of filing of the

decree cannot be dispensed with as it is required

to verify the names of the parties to the appeal

vis-à-vis the names of the parties to the suit and

it is also required for other purposes.

It appears from the record that the

petitioner to obviate the said difficulty has filed an

application for drawing up the decree after

waiving the requirement of payment of the deficit

court fees but the said application is still pending.

The learned Trial Judge is requested to

dispose of the said application as expeditiously as

possible in accordance with law, preferably within

a period of two available effective working weeks

of his Court from the date of communication of

this order.

C.O. 54 of 2022 is disposed of with the

above terms without any order as to costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)