Anil Kumar Bhattacharjee & Ors vs Jayanti Bhattacharjee & Ors
2022 Latest Caselaw 581 Cal

15.02.2022
  SL No.76
 Court No.8
   (gc)
                                SAT 1064 of 1998

                        Anil Kumar Bhattacharjee & Ors.
                                     Vs.
                         Jayanti Bhattacharjee & Ors.

                              (Via Video Conference)

                                       Mr. Anit Kumar Rakshit,
                                                      ...for the appellants.




                    The Additional Stamp Reporter on 6th January, 1999

              has indicated two defects, namely, (i) non-filing of the

              certified copies of judgment and decree of the Trial Court

              dated 4th September, 1993, (ii) non-filing of any formal

              application stating the fact that the defendant No.1 died

              after passing the decree of lower Appellate Court and that

              respondent Nos.1 to 3 have been impleaded in her place. In

absence of removal of the first defect, report as to sufficiency

of court fees could not be assessed. It appears that no

attempt was made to remove the defects as pointed out by

the Additional Stamp Reporter on 6th January, 1999. The

matter initially appeared on 28th July, 2021 and thereafter

on 4th January, 2022. Administrative notices were directed

to be issued to Mr. Anit Kumar Rakshit and upon the

appellants with a clear indication that in the event the

defects are not removed from the date of service of notice or

the appellants remain unrepresented, the second appeal

shall be dismissed for non-compliance of all the earlier

directions.

Although from the record it appears that service could

not be effected upon Mr. Anit Kumar Rakshit, Advocate.

However, Mr. Anit Kumar Rakshit appears and submits that

he has no knowledge about the said second appeal.

Be that as it may, in view of the non-compliance of

our earlier orders, the second appeal stands dismissed.

The learned Registrar Administration (L&OM) is

directed to communicate this order to the learned Additional

District Judge, 1st Court, Alipore in connection with Title

Suit No.144 of 1951 for information and doing the needful.

The department is directed to communicate this order

to learned Registrar Administration (L&OM).

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)