Ct-08 Jugal Jana & Ors vs Ganga Jana & Ors
2022 Latest Caselaw 6644 Cal

06      15.9.2022                    SAT 516 of 2008

Ct-08                                  Jugal Jana & Ors.
                                              Vs.
                                       Ganga Jana & Ors.


ar                     Mr. Ashis Kumar Chowdhury
                       Ms. Sabnam Sultana
                       Mr. Rohan Paul
                                  ... For the Appellants



                       We have heard the learned counsel for the
                    appellants.
                       The only issue appears to us to be the sum
                    and substance with regard to the claim of the
                    appellants as owners of 2     1/3rd    decimals of land
                    in Plot no. 484. On the basis of the submission
                    made on behalf of the appellants it appears that
                    it is a mathematical error and an error apparent
                    on the face of the record, as the findings are in
                    favour of the appellants, we dispose of this
                    appeal at the admission stage by granting liberty
                    to the appellants to apply for correction or review
                    of the appellate court's judgment upon notice to
                    the respondents.

In the event an appropriate application or review application is filed in course of this month before the Puja vacation before the first appellate court, the first appellate court may not insist any separate application for condonation of delay as we are of the view that the appellants should be entitled to the benefit of Section 14(2) of the Limitation Act, 1963.

We make it clear that we do not interfere with the order passed by the Trial Court. The issue to be decided by the first appellate court limited only to the mathematical error.

We make it clear that there should not be any re-hearing of the appeal on merits. Learned advocate for the appellants is directed to communicate this order to the learned advocate on record for the respondents within one week from date.

SAT 506 of 2008 is thus disposed of without any order as to costs.

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