Manijul Sekh vs Reshma Khatun Bibi
2023 Latest Caselaw 3046 Cal

28.04.2023
SL No.18
Court No.8
    (gc)


                            SAT 242 of 2015

                             Manijul Sekh
                                 Vs.
                          Reshma Khatun Bibi




                   The    appellant    is     not   represented,   nor    any

             accommodation is prayed for on behalf of the appellant.

             The appeal is of the year 2015.           The matter initially

             appeared in the Warning List on 6th March, 2023 and

             thereafter transferred to the Regular List on 21st March,

             2023. Since then the matter is appearing in the list. The

             appellant has due notice about the listing of the matter.

             The appeal is still defective.

                   We have read the judgment of the Trial Court as

             well as the First Appellate Court and the grounds of

             appeal in order to find out whether the second appeal

             involves any substantial question of law.

                   The    appellate    judgment       and    decree      dated

             10.03.2015 and 18.03.2015 affirming the judgment and

             decree dated 31.01.2014 and 10.02.2014 passed by the

             Trial Court in a suit for declaration is a subject matter of

             challenge in this second appeal. The allegation was that

             the defendant was falsely claiming herself to be the legally

             wedded wife of the plaintiff on the basis of Kabilnama and

             she had filed several criminal cases against the plaintiff

             only with the purpose of extracting money.               In the
                 2




proceeding,   the   defendant    produced    all      relevant

documents and evidence to show that she is a legally

married wife. On the basis of the preponderance of the

evidence, the claim of the respondent was established.

The learned Trial Judge relied upon the Kabilnama dated

18.07.2011, Exhibit-A and the photograph appearing on

the Kabilnama, Exhibit-A1.

On the basis of such cogent evidence, the findings

of the Trial Court and the Appellate Court do not call for

any interference.

Accordingly, the second appeal stands dismissed at

the admission stage.

However, there shall be no order as to costs.

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