Attorney Holder Of Chaya ... vs Bijoy Chakraborty & Ors
2023 Latest Caselaw 785 Cal

30.01.2023
 SL No.1
Court No.8
    (gc)


                          SAT 256 of 2014

                         Bimal Chakraborty
             Attorney Holder of Chaya Chakraborty & Ors.
                                 Vs.
                      Bijoy Chakraborty & Ors.

                                       Mr. Santimay Bhattacharyya,
                                       Mr. Ziaul Haque,
                                                 ...for the Opposite Party
                                                          Nos.11,13, 14.


                   Initially we dismissed the appeal on 6th September,

             2022 at the admission stage.        However, since we find

             certain discrepancy in the document produced by the

             parties, we directed this matter to be listed and on 16th

             November,   2022,    we    passed   certain   directions   for

             production of the lower appellate decree and other

             relevant record. The matter was adjourned from time to

             time in order to enable the department to produce the

             relevant record. The department has reported arrival of

             the LCR in connection with T.A. No. 181/2010 and T.S.

             No. 55/2007. The LCR is produced. It contains all the

             documents exhibited. One of the documents marked as

             exhibit was an order passed by the appellate court in

             Appeal No. 541/1971.        On 24th January, 2023, the

             department has produced the authenticated copies of the

             memorandum      of    appeal     from    appellate    decree

             No.541/1971 along with certified copies of the judgment

             and decree of the Lower Appellate Court and the Suit

             Court.
                       2




      On consideration of the record produced by the

department, it appears that Nemai Chandra Chakraborty

and others preferred an appeal being No.541 of 1971

against    the    appellate        judgment   and    decree    passed

28.06.1968 in Title Appeal No.499 of 1966.                  The First

Appellate Court reversed the judgment and decree passed

on   03.10.1966.            The    said   appeal    was   summarily

dismissed under Order 41 Rule 11 of the C.P.C. on 31st

May, 1972. In view thereof, the following portion of the

order mentioned in Page 3 of the order dated 6th

September, 2022 needs to be corrected, which is stated

below:-

               "The respondents preferred a civil revisional

application under Section 115 of the Civil Procedure Code that was registered as Civil Rule No.541 of 1971. The learned Single Judge disposed of the said Civil Rule by setting aside the judgment passed in T.A. No.499 of 1966 dated 28th June, 1968 by reason whereof the judgment and decree passed in T.S. No.390 of 1962 revived. It appears from record that Rule was issued after admission of the civil revisional application. However, none represented at the time of final disposal of the Rule. The Civil Rule No.541 of 1971 was disposed of on 21st February, 1973."

The aforesaid portion shall be replaced by the

following:-

"The respondents preferred an appeal in the civil appellate jurisdiction of this Court in or about 6th November, 1968 and it was

numbered as SAT 3338/1968. After removal of the defects, it was numbered as SA 541/ 1971 and it was summarily dismissed at the admission stage on 31st May, 1972."

The department is directed to carry out the

necessary correction in the order dated 6th September,

2022 and this order shall form part of the order dated 6th

September, 2022.

The department is directed to preserve the

authenticated computerized printed copy of SA 541/1971.

The department is directed to send down the LCR to

the appropriate court.

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