Anil Saha vs Brinda Rani Saha & Ors
2022 Latest Caselaw 8548 Cal

20.12.2022 SL No.42 Court No.8 (gc) SAT 243 of 2009

Anil Saha Vs.

Brinda Rani Saha & Ors.

This matter appeared in the Warning List of 29th

November, 2022 with a clear indication that this matter

shall be transferred to the Regular Bench on 5th December,

2022. Since then the matter is appearing in the list. The

appeal is of the year 2009. The appellant has due notice of

the matter. The appellant is not represented.

The appeal is defective as notified by the Additional

Stamp Reporter in its report dated 02/07/2009 and

thereafter no attempt was made to remove the defects. We

could have dismissed the appeal for non-removal of the

defects. However, we have perused the order of the First

Appellate Court. The suit was decreed on the ground of

default. The case was duly proved before the Trial Court as

well as before the First Appellate Court. The appellant had

failed to establish that he had taken recourse to Section

25(2) of the West Bengal Premises Tenancy Act. The suit, in

fact, was heard ex parte but the judgment was based on

cogent evidence.

On such consideration, the second appeal is

dismissed both for non-removal of defects and on merits as

well at the admission stage.

However, there shall be no order as to costs.

(Uday Kumar, J.) (Soumen Sen, J.)