Rep By Legal Heirs Kripamoy Pal And ... vs Munshi Nurul Islam
2022 Latest Caselaw 8337 Cal

14.12.2022
 Sl.No. 12
 Ct.No.3
Amalranjan
               IN THE HIGH COURT AT CALCUTTA
                CIVIL APPELLATE JURISDICTION
                       APPELLATE SIDE

                        FMAT 441 of 2022

                   Ashalata Pal Since Deceased
             Rep by Legal Heirs Kripamoy Pal and ors.
                                VS
                       Munshi Nurul Islam
                               With
                          CAN/1/2022


                 Mr. Shibasis Ghosh
                 Mr. Biswabrata Basu Mallick
                 Mr. Dwarik Nath Mukherjee
                 Mr. Manik Lal De
                                               ...for the appellants
                 Mrs. Shohini chakraborty
                 Ms. Prajaaini Das
                                              ...for the respondent

Re: CAN/1/2022

As the point involved is very short, we are

disposing of this appeal dispensing with all

formalities.

Mr. Ghosh, learned advocate appearing for

the appellants is right in his submission that the

documents in question which were not admitted

in evidence by the trial court for the reasons

advanced by it, could not have been introduced

in the learned first appellate court by an

application under Order XLI Rule 27 of the Code

of Civil Procedure. Such a document does not

satisfy any of the grounds on which the learned

appellate court could admit a document under

Order 41 Rule 27.

However, the finding of the learned trial

judge with regard to those documents could have

been challenged in the memorandum of appeal

before the learned first appellate court.

In those circumstances, the impugned

judgment and order dated 8th June, 2022 cannot

be sustained. We set it aside.

We give liberty to the respondent to file an

additional memorandum of appeal before the

learned first appellate court by 6th January,

2023.

The learned first appellate court shall

proceed to hear out the appeal afresh and

dispose of it preferably by 31st of March, 2023.

All points are kept open before the learned

first appellate court.

The appeal and the connected application

are disposed of.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )