Ct. 8 Bela Rani Chatterjee & Ors vs R.A. Sharma & Anr
2023 Latest Caselaw 3430 Cal

SAT 393 of 2015 Item-23.

16-05-2023 Haladhar Chatterjee, since deceased, sg represented by his legal heirs, namely, Ct. 8 Bela Rani Chatterjee & Ors.

Versus R.A. Sharma & Anr.

The appellants are not represented nor any accommodation

is prayed for on behalf of the appellants.

The matter initially appeared in the warning list on 6 th

March, 2023 and thereafter transferred to the regular list on 21 st

March, 2023. There was a clear indication in the list that the

matter shall be transferred to the daily cause list on 21st March,

2023 and since then, the appeal is appearing in the list. In spite of

having due notice and knowledge that the matter is pending, the

appellants are not represented. The appellants have also not taken

any step to remove the defects as notified by the Additional Stamp

Reporter on 14th August, 2015. It is clear that the appellants are

not interested to proceed with the matter.

We could have dismissed the appeal for non-removal of the

defects. However, we propose to have a look at the judgments of

both the courts in order to find out whether the second appeal

involves any substantial question of law. We have also read the

grounds of appeal.

The judgment and decree dated 22nd April, 2015 passed by

the learned Additional District and Sessions Judge, 6 th Court,

Alipore, South 24 Parganas affirming the judgment and decree

dated 31st May, 2010 passed by the learned Civil Judge (Junior

Division), 6th Court, Alipore in a suit for specific performance, is

the subject matter of challenge in this second appeal.

Both the Courts have held that the suit is barred by

limitation. We have carefully read the judgments of both the

courts and it is quite clear from the evidence and otherwise that

the suit is barred by limitation. The findings of both the courts are

based on cogent evidence.

The appeal does not involve any substantial question of law

and the same is, accordingly, dismissed. However, there shall be

no order as to costs.

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