Ct. 8 vs Raju Biswanath Pal
2022 Latest Caselaw 7866 Cal

                                                  FAT 189 of 2022
Item-19.                                          CAN 1 of 2022
           28-11-2022
                                                  CAN 2 of 2022
                                                 Sumana Pal nee Das
  sg
             Ct. 8                                     Versus
                                                 Raju Biswanath Pal

                               Mrs. Siddhartha Lahiri, Adv.
                               Mr. Debraj Dutta, Adv.
                                                              ...for the appellant

                               The affidavit of service filed in Court is taken on record.

                               In spite of service at the Howrah address of the respondent,

none has appeared on behalf of the respondent to oppose these

applications.

In Re: CAN 2 of 2022

This is an application for condonation of delay. However,

having regard to the report filed by the Stamp Reporter showing

that the appeal is within time, we dispose of this application by

observing that the appeal has been filed within the period of

limitation.

The deficit court fees was also put in within the period of

limitation.

CAN 2 of 2022 is accordingly, disposed of.

In Re: CAN 1 of 2022

The appeal is arising out of a judgment and decree dated 27th

April, 2022 in a suit for divorce filed by the respondent/husband.

We dispose of this application by directing the parties not to

change their marital status till the disposal of the appeal.

In Re: FAT 189 of 2022

Let Lower Court's Records of this case be called for

immediately by Special Messenger within three weeks from the

date of depositing the special messenger costs by the appellant.

Special messenger cost shall be deposited by the appellant within

one week from date.

After arrival of the lower Court records, office shall

examine the same and if found complete, shall serve notice of

arrival of lower Court record on the learned Advocate for the

appellants at once.

The appellant is directed to prepare and file requisite

number of informal paper books incorporating all the papers used

before the Court below - printed, typewritten or cyclostyled with

proper index - as the case may, out of Court within four weeks from

the date of receipt of notice of arrival of LCR.

The learned Counsel appearing on behalf of the appellant is

directed to effect service of notice of appeal upon the respondent.

The copies of the paper book shall be served upon the respondents

within one week after preparation of the same.

In default of filing of such paper books within the aforesaid

period, put up the appeal for final order.

The appellant shall be at liberty to mention the appeal for

early hearing after completion of all formalities.

Since the respondent is not represented, this order shall also

be communicated to the respondent at both the addresses.

All the aforesaid directions are peremptory.

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