Item : 2 vs Matter : Sat
2023 Latest Caselaw 3780 Cal

09.06.2023                                       SAT 6 of 2022

Court       : 04
                                           Nanda Kumar Saha
Item        : 21                                  Vs.
Matter      : SAT
Status      : AA                        Ananda Kumar Saha & Ors.
Bench ID :266048
Transcriber : NANDY
                      Mr. Golam Sayedin Kaderi, Advocate
                      Mr. S. Banerjee, Advocate
                                                ...... for the Appellant/Petitioner

                            The appellant is directed to file the certified copy of
                      the judgment and decree of the Trial Court within four weeks
                      from date.

                            The appeal shall be heard on the following substantial
                      questions of law:-

                         i) Whether the Court of appeal below was justified in
                                 reversing the judgment and decree of the Trial
                                 Court solely on the ground that the said judgment
                                 is cryptic without returning an independent finding
                                 on all the issues involved in the said suit?
                         ii) Is it imperative on the part of the First Appellate Court
                                 to return an independent finding on all the issues
                                 involved in the said suit being the Court of fact and
                                 law?

                            Let hearing of the appeal be expedited.

                            The appellant is, therefore, directed to put in the
                      requisites, namely, postal costs, written up notice forms and
                      correct postal address of the 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 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 appellant. 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 appellant under Rule 12 of Chapter IX of the Appellate Side Rules.

The appellant is 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.)