Ct. No. 04 Bhabesh Chandra Das And ... vs Ab
2023 Latest Caselaw 3779 Cal

11   09.06.                            SAT 60 of 2015
     2023

     Ct. No. 04              Bhabesh Chandra Das and others
                                          Vs.
         ab
                              Mahadev Karmakar and others.

                                         ---------------------

Mr. Shounak Mukhopadhyay, Ms. Rimpa Das.

... for the appellants.

The appeal is admitted on the following substantial questions of law:

(1) Whether the Court of Appeal below was justified in reversing the judgment and decree of the trial court solely on the ground that the plaintiffs/appellants have failed to established the title in respect of the suit property when the contesting defendants/respondents never challenged the title of the plaintiffs/appellants in respect of the suit property?

(2) Whether the Court of Appeal below was justified in making out a case for a party in absence of any pleading or evidence in this regard?

(3) Whether the family settlement can be regarded as a partition of the joint property by metes and bounds?

Let hearing of the appeal be expedited.

The plaintiffs/appellants are, therefore, directed to put in the requisites, namely, postal costs, written up notice forms and correct postal address of the defendants/respondents for effecting service of notice of appeal by registered post with acknowledgement due within a week from date. In default, put up for final

orders.

The office is directed to effect service upon the defendants/respondents immediately and upon completion of service shall put a note as to whether the appeal is ready as regards service.

Let the Lower Court's Records be called for through the Special Messenger at the cost of the plaintiffs/appellants. Such costs shall be put in within a week from date.

Immediately, after arrival of the Lower Court's Records, office shall examine the same and if found complete, shall issue notice of arrival of Lower Court's Records on the Advocate-on-Record of the plaintiffs/appellants under Rule 12 of Chapter IX of the Appellate Side Rules.

The plaintiffs/appellants are directed to prepare and file eight copies of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within a period of four weeks from date.

All other formalities regarding preparation of paper books are dispensed with.

After fulfillment of all other formalities, the office shall put a certificate that the appeal is otherwise ready for hearing and liberty is given to the parties to pray for early disposal of the appeal.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)