Sri Uttam Chand Surana & Anr vs Sri Prabir Guha & Ors
2022 Latest Caselaw 2706 Cal

   (03)
10.05.2022
  (p.jana)


                         IN THE HIGH COURT AT CALCUTTA
                         CIVIL APPELLATE JURISDICTION

                                SA No. 104 of 2015
                               (IA No: CAN 02/2021)
                                Sri Uttam Chand Surana & anr.
                                       -versus-
                                 Sri Prabir Guha & ors.

                  Mr. Amitava Pain,
                  Mr. Subhrangshu Datta,
                  Mr. Partha Pratim Mukherjee,
                                      ... for the appellants/petitioners.
                  Mr. Arijit Sarkar,          ... for the respondents.

The instant second appeal was allowed by the

judgment dated March 15, 2022.

The matter has been brought to the list to

obviate the difficulty in drawing up the decree. The

learned advocate-on-record for the appellants with the

leave of the Court corrected the Memorandum of

Appeal to classify it as an Appeal from Appellate Order

and accordingly, the appeal was classified as Second

Miscellaneous Appeal and numbered as SMAT 2 of

2014.

The Hon'ble Division Bench by a subsequent

order dated August 04, 2015 directed the appeal to be

classified as Second Appeal as the said Hon'ble

Division Bench opined that the appeal is from an

Appellate Decree, accordingly, the appeal was classified

being SA 104 of 2015, but the classification in the

Memorandum of Appeal was not re-corrected, it

remained classified as the appeal from Appellate Order,

as a consequence thereof, the department is facing a

difficulty in drawing up the decree.

To remove the said defect, learned advocate-on-

record for the appellants is permitted to correct the

Memorandum of Appeal as 'Appeal from Appellate

Decree'.

The said judgment dated March 15, 2022

requires correction also as in the third line at the first

page of the said judgment due to typographical mistake

the date has erroneously gone down as April 17, 2013

instead of April 30, 2013.

The department is directed to correct the said date

in the judgment dated March 15, 2022, the other portion

of the said judgment shall remain unaltered.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance of all requisite formalities.

(Biswajit Basu, J.)