Bhunia & Ors vs Sri Sudhir Chandra Sinha
2023 Latest Caselaw 1714 Cal

S/L 224
15.03.2023
Court No.652
SD
                                     SA 744 of 1988
                                         With
                                     CAN 12 of 2022
                               (Application is not in the file)

                Sri Haripada Betal, since deceased, represented by Gouri
                                    Bhunia & Ors.
                                           Vs.
                Sri Sudhir Chandra Sinha, since deceased, represented by
                               Padmabati Maity & Ors.

               Mr. Ramdulal Manna
               Ms. Manju Manna (Dey)
               Mr. Sayan Mukherjee
               Ms. Payel Khanra
                                                            ... for the Appellants.
               Mr. Satyajit Mondal
               Mr. Amit Bikram Mahata
                                                       ... for the Respondents.

CAN 12 of 2022:-

This is an application for correction of surname of

appellant no.2(f) in the second appeal.

The appellants submit that by an order dated

03.3.2022 the heirs of deceased appellant no.2(g), Gopal

Chandra Betal has been substituted as appellant no.2(a) to

2(g).

Subsequently, from the office report it reveals that

instead of Kamala Pal, her name has been written Smt.

Kamala Mal and vakalatnama has also been filed on

15.02.2022 on behalf of the Kamala Pal.

Accordingly, the appellants have prayed for correction

of surname of the appellant no.2(f) and surname of husband

of the appellant no.2(f) by putting 'Pal'.

The prayer is allowed. CAN 12 of 2022 is accordingly

disposed of.

Department is directed to make necessary correction.

Perused the office report dated 16.3.2022 wherefrom

it appears that the department has detected that the

judgment passed in Title Appeal No.201 of 1984 and Title

Suit No.46 of 1984 do not bear the proper seal of the

concerned court and the other defect is that the certified

copy of the exhibit no.5 and 5(a) on behalf of the plaintiff are

tagged with the record in respect of the original as the

original has been taken back and lastly, the description of

page nos.8, 9 and 11 in the table of content of file-D of Title

Appeal No.201 of 1984 are illegible.

The defects may be ignored at this stage and if

required, the parties may be directed to file at the

appropriate stage of hearing.

The appellants are directed to file paper book in the

meantime.

(Ajoy Kumar Mukherjee, J.)