Shyam Sunder Ghosh vs Sg Ct. 8 Dinesh Chandra Das & Ors
2022 Latest Caselaw 7468 Cal

SA 25 of 2022 Item- CAN 1 of 2006 (old CAN 9550 of 2006) 10-11-2022

124.

                                           Shyam Sunder Ghosh
                                                 Versus
 sg       Ct. 8                         Dinesh Chandra Das & Ors.

The appellant is not represented nor any accommodation is

prayed for on behalf of the appellant even in the second call. The

appellant was also not represented on the earlier occasion. In view

of our earlier order, we propose to decide the admission of the

second appeal.

The appeal is arising out of an order being Order No. 24

dated 20th May, 2006 and decree dated 20th May, 2006 passed by

the learned Additional District Judge (Fast Track Court-III) at

Sealdah affirming the judgment and decree dated 23 rd June, 2003

and 30th June, 2003. The Appellate Court dismissed the appeal on

20th May, 2006. The appeal was preferred with an application for

condonation of delay.

The First Appellate Court, on the basis of the evidence on

record, has arrived at a finding that the appellant tried to

misrepresent the fact and there is an inexcusable delay in filing the

certified copy of the judgment and decree.

On such consideration, we do not find any reason to admit

the second appeal. Moreover, we find that the appellant is not at

all interested to proceed with the appeal as the appeal was filed in

the year 2006 and thereafter, no attempt was made to move this

appeal. We also find from record that on 1 st October, 2021, a

coordinate Bench directed the matter to be listed on 7 th October,

2021 under the heading "For Dismissal".

The appeal stands dismissed at the admission stage.

However, there has be no order as to costs.

(Uday Kumar, J.)                              (Soumen Sen, J.)