Nikileswar Karmakar vs Tarapada Gorai
2023 Latest Caselaw 882 Cal

SAT 382 of 2010 Item-70. CAN 1 of 2010 (old CAN 8864 of 2010) 02-02-2023 CAN 2 of 2010 (old CAN 8865 of 2010) sg Ct. 8 Nikileswar Karmakar Versus Tarapada Gorai, since deceased, represented by Matya Saraswati Gorai & Ors.

The explanation is unsatisfactory as the matter should have

been placed before the learned Registrar Administration (L&OM)

after noticing that the defects were not removed. No explanation

was offered nor not placing the matter before the learned Registrar

Administration (L&OM) for appropriate order.

It appears that on 17th February, 2012, the Registrar

Administration has passed an order directing the department to

send down to the court concerned the certified copy of the

judgment and decree for making necessary correction along with

the copy of the office note and also a copy of the order and after

making consequential correction to return the judgment and

decree within 15 days from the date of receipt of the said

communication.

There was a delay of almost 2 years in sending the certified

copy of the judgment and decree and the department has reported

that as per official record, the department has not yet received the

certified copy of the decree of appeal court after correction till the

date of the report i.e. 13th January, 2023. In the first place no

explanation was offered for not sending the certified copy of the

judgment and decree immediately after the order was passed on

17th February, 2012, which was sent on 9th September, 2014. Apart

from the aforesaid, when the department had noticed non-removal

of corrected copy, the matter ought to have been placed before the

learned Registrar Administration (L&OM) for further direction or

before the Lawazima Bench as the case may be. It is unfortunate

that the department is not following the procedure laid down in the

Appellate Side Rules in this regard.

However, we direct the learned Registrar Administration

(L&OM) to issue a letter of reminder to the learned Judge along

with the copy of this order.

There is another interesting feature in this matter. The Stamp

Reporter in its report dated 15 th September, 2010 has also recorded

that the appeal is delayed by 78 days. The department has not

reported that the said decree was cured.

Under such circumstances, the department ought to have

placed the matter before the Lawazima Bench for appropriate

direction. The defects continue till this date.

However, we adjourn this matter for three weeks.

Learned Registrar Administration (L&OM) is directed to

send a urgent note upon the learned Civil Judge (Senior Division)

Durgapur to rectify the defect and return the same within one

week from the date of communication of this order by the learned

Registrar Administration (L&OM).

This order shall be immediately communicated along with

the copy of the office note.

The department shall file a revised report on the adjourned

date.

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