Mayarani Sarkar vs Jitendra Nath Adhikary
2022 Latest Caselaw 4680 Cal

Dl.   July 22,
21.    2022
                                      F.M.A. 3198 of 2015

                                       Mayarani Sarkar

                                                 Vs.

                                   Jitendra Nath Adhikary

                             Mr. Pinaki Ranjan Mitra,
                             Mr. Ashim Kumar Roy,
                                  ...for the appellant.

                              The report submitted by the learned Civil Judge (Junior

                 Division), First Court at Bolpur, Birbhum, is unsatisfactory. There

                 is no explanation offered for the delay between April 25, 2014,

                 when the appellate court set aside the decree of the trial court and

                 remanded the matter for fresh consideration and August 10, 2022

                 which is the date fixed for receipt of the original case records.

                              A report is also called for from the learned Civil Judge

                 (Senior Division) at Bolpur, Birbhum, as to when the Lower Court

                 Record was sent down along with the judgment for information of

                 the trial court and if it was on June 23, 2022, the reason for such

                 delay.

                              This order shall be immediately communicated by the

                 learned Registrar Administration (L & OM) of this court to the

                 learned District Judge at Birbhum for compliance.

                              The matter stands adjourned till August 23, 2022. The

                 report shall be placed before us on the adjourned date.

                              It is recorded that the respondent is not represented in

spite of receiving the notice on July 4, 2022 and July 7, 2022.

We made it clear that in the event, the respondent

remains unrepresented on the adjourned date, we shall take up the

appeal for admission hearing in their absence. Let an appropriate

notice be served on the respondent communicating the desire of the

court.

( Soumen Sen, J. )

dns ( Siddhartha Roy Chowdhury, J. )