Chhanda Das vs Susanta Kumar Chandra
2022 Latest Caselaw 1273 Cal

10
Court
No. 11   16.03.2022                          FAT 436 of 2019
G.S.Da                                            With
s
                                              CAN 1 of 2019
                                       (Old No. CAN 12297 of 2019)
                                              Chhanda Das
                                                  -vs-
                                         Susanta Kumar Chandra

                                           (Via Video Conference)

                      Mr. Somnath Gangopadhyay
                      Mr. Rahul Singh

                                                        ... for the Appellant


                      Mr. Krishna Das Poddar
                      Mr. Subir Sabud
                                           ... for the respondents

Party/Parties is/are represented in the order of their

name/names as printed above in the cause title.

CAN 1 of 2019 (Old No. CAN 12297 of 2019):

This is an appeal against the Judgment and Decree

passed by the Learned Judge, 13th Bench, City Civil Court,

Calcutta in Title Suit No. 572 of 1998 dated 2 nd March,

2019.

There is a delay of 176 days in preferring the instant

appeal.

Sufficient cause has been shown for condoning the

delay.

Learned Counsel for the respondent also raises no

objection for condoning the delay of 176 days.

Heard the parties.

Cause shown is found to be sufficient.

Delay stands accordingly condoned.

CAN 1 of 2019 (Old No. CAN 12297 of 2019)

stands thus disposed of.

Learned Judge, 13th Bench, City Civil Court,

Calcutta dismissed the suit being Title Suit No. 572 of 1998

on 2nd March, 2019 on the ground that the appellant/the

plaintiff has not paid the Stamp Duty as assessed by the

Collector amounting to Rs.1,23,697/-.

Learned Counsel for the appellant submits before

this Court that the appellant is ready to pay the Stamp

Duty as assessed by the Collector to the tune of

Rs.1,23,697/-.

Liberty is granted to the appellant/plaintiff to

deposit the Stamp Duty before the Collector amounting to

Rs.1,23,697/- within fifteen days from this day as prayed

for by Learned Counsel for the appellant.

The appellant is directed to file an Affidavit before

this Court on the next date of hearing by enclosoing the

documents with the evidence that the appellant has paid

the Stamp Duty to the Collector.

Let the appeal be listed under the same heading

"Application (Assigned)" in the Combined Monthly List

of April, 2022.

All parties including the concerned Collector to act

on a server copy of this order duly obtained from the official

website of the Hon'ble High Court, Calcutta.

(Krishna Rao, J.) (Subrata Talukdar,J.)