Narayan Chandra Saha vs Uttam Sharma
2023 Latest Caselaw 5370 Cal

21.08.2023                          IN THE HIGH COURT AT CALCUTTA
                                     CIVIL APPELLATE JURISDICTION
Court
Item
              : 04
              : 17                          APPELLATE SIDE
Matter        : FMAT
Status        : SERVICE
Bench ID      : 266147
Transcriber   : NANDY
                                            FMAT 332 of 2023
                                              CAN 1 of 2023

                                          Narayan Chandra Saha
                                                   Vs.
                                             Uttam Sharma

                          Mr. Samiran Giri, Advocate
                          Mr. Pabitra Biswas, Advocate
                                                           ......for the Appellant

                          1. After perusing the impugned judgment by which a
                             suit has been remanded to the Trial Court for re-
                             visitation on the issue of default, we feel that
                             instead of admitting the appeal under Order XLI
                             Rule 11 of the Code of Civil Procedure, the matter
                             can be conveniently decided in presence of the
                             defendant/respondent at the stage of admission.

2. We, therefore, direct the appellant to serve a copy of the Memorandum of Appeal as well as an application upon the learned Advocate appearing for the defendant/respondent in the Trial Court indicating that this matter would be listed under Order XLI Rule 11 of the Code for final disposal on Friday i.e. 25.08.2023.

3. List Accordingly.

(Harish Tandon, J.)

(Ajay Kumar Gupta, J.)