Suresh Mandal & Ors vs Ranjita Mandal & Ors
2023 Latest Caselaw 307 Cal

10.01.2023 SL No.44 Court No.8 (gc)

SAT 266 of 2015 CAN 1 of 2015 (Old No: CAN 6204 of 2015) CAN 2 of 2015 (Old No: CAN 11249 of 2015)

Suresh Mandal & Ors.

Vs.

Ranjita Mandal & Ors.

This matter appeared in the Warning List of 29th

November, 2022 with a clear indication that this matter

shall be transferred to the Regular List on 5th December,

2022. Since then the matter is appearing in the list. The

appellants have due notice of the matter. The appellants are

not represented.

The appeal is defective. The revised report dated

13.07.2015 shows that all the defects have not been cured.

However, we read the memorandum of appeal along with the

judgments of the Trial Court and the First Appellate Court to

find whether the second appeal involves any substantial

question of law.

The appellate judgment and decree dated 07.05.2015

by which the judgment and decree of the Trial Court dated

2nd April, 2014 in a suit for partition is a subject matter of

challenge in this second appeal. Initially the suit was

decreed, however, by an order of remand, the suit was

dismissed for defect. The First Appellate Court affirmed the

said order. The First Appellate Court had noticed that in

spite of giving several opportunities to the appellants to cure

the defects, the appellants did not do so. The appeal was

preferred beyond the period of limitation without explaining

the delay.

On such consideration, we do not find any reason to

interfere with the order passed by the First Appellate Court.

The second appeal, accordingly, stands dismissed at

the admission stage.

In view of dismissal of the second appeal, the

applications also stand dismissed.

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