Joy Narayan Prosad & Ors vs Shib Shankar Mitruka
2022 Latest Caselaw 158 Cal

21.01.2022
Sl. 1                (Via Video Conference)
Ct.No. 3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                          FA 277 of 1999

                 Joy Narayan Prosad & Ors.
                            Vs.
                   Shib Shankar Mitruka


                              With
                          CAN 6 of 2019
                    (Old CAN 11191 of 2019)
                              With
                          CAN 7 of 2021
                              With
                          CAN 8 of 2021


             Mr. Soumya Kanti Chatterjee
             Mr. Manas Das
                                                 ...for the appellants
             Mr. Anirban Mitra
                                                 ...for the respondent

Re: CAN 8 of 2021 (Sec. 5) With CAN 7 of 2021 (substitution)

This application (CAN 7 of 2021) is for

recording the death of the appellant no. 3 who is

stated to have died on 19th July, 2020. This

application was filed on 10th March, 2021.

Sufficient cause is shown.

The application for condonation of delay

(CAN 8 of 2021) is allowed.

We allow the application for substitution

(CAN 7 of 2021) after setting aside the

abatement, if any.

The department is directed to carry out the

amendments in the cause title and in the records

of the proceedings wherever it is required, within

three weeks of communication of this order.

Re: CAN 6 of 2019 (Old CAN 11191 of 2019)

This appeal is of 1999. The application for

stay (CAN 6 of 2019 - Old CAN 11191 of 2019)

was taken out in 2019 and does not appear to

have been prosecuted.

Paper books have not been filed by the

appellants despite directions.

Learned counsel appearing for the

appellants submits that this could not be done

as the lower court records did not arrive.

At this point of time, considering the above

facts, we are not minded to even consider stay of

operation of the impugned judgment and decree.

We expedite the hearing of this very old

appeal by dispensing with the issuance of notice

and the transmission of the lower court records,

for the time being. We shall only call for them if

and when required.

The advocate on record for the appellants is

to prepare and file the requisite number of

informal paper books by 14th February, 2022,

serving at least one copy thereof on the advocate

on record for the respondent not later than five

days before the date of hearing of the appeal.

All other formalities regarding preparation of

paper books are dispensed with.

List the appeal for hearing on 21st February,

2022.

The application (CAN 6 of 2019 - Old CAN

11191 of 2019) is disposed of.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )