Shri Ram Chandra Datta vs Sri Arabinda Singh Roy & Ors
2023 Latest Caselaw 796 Cal

30.01.2023
 Sl.No. 10
 Ct.No.3
 Amalranjan
              IN THE HIGH COURT AT CALCUTTA
               CIVIL APPELLATE JURISDICTION
                      APPELLATE SIDE

                       SAT 84 of 2019

                   Shri Ram Chandra Datta
                             VS
                Sri Arabinda Singh Roy & Ors.


               Mr. Supriya Chattopadhyay
               Mr. Sudip Kumar Maiti
                              ...for the plaintiff no.2/appellant


                   We admit the appeal on the following

               substantial questions of law:

                   1. Whether the judgment and decree passed

                      by   the    learned   first   appellate   court

                      upholding the validity of the sale deed

                      executed by Gouranga Dutta in favour of

                      the respondent nos. 1, 2 and 3 perverse?

2. Whether the said impugned judgment

and decree refusing to hold that by an

earlier act of relinquishment the

appellant had acquired the right, title

and interest over the relinquished share

perverse?

3. Whether the impugned judgment and

decree is otherwise most unreasonable,

irrational and erroneous in the eye of

law?

As the respondents are not represented, let

a notice of appeal be issued and served upon

them by 28th February, 2023.

Call for the Lower Court records by 20th

March, 2023 through a Special Messenger at the

cost of the appellant. Such cost is to be put in

within one week from date.

The advocate on record for the appellant is

to prepare and file the requisite number of

informal paper books by 12th April, 2023, serving

at least one copy thereof on the advocate on

record for the respondents not later than 5 days

before the date of hearing of the appeal.

All other formalities regarding preparation of

paper books are dispensed with.

List the appeal for hearing on 18th April,

2023.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )