Baleshwar Ahir vs Sk. Ahmad & Others
2021 Latest Caselaw 1719 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Civil Appellate Jurisdiction)
                      S. A. No. 107 of 2018
                               ......

Baleshwar Ahir ........... Appellant Versus SK. Ahmad & Others ........ Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) .......

 For the Appellant          : Mr. Manoj Kr. Choubey, Advocate
 For the Respondents        :
                              .......
 04/08.04.2021

Learned counsel for the appellant, Mr. Manoj Kr. Choubey has prayed for four weeks' time to remove the defect nos.1, 2, 3, 4, 6, 8, 11, 12 &13 as pointed out vide Stamp reporting dated 28.03.2018.

Defect Nos. 1, 2, 3, 4, 6, 8, 11, 12 &13 as pointed out vide Stamp reporting dated 28.03.2018 are as follow:-

1. c.c. of trial court judt. With A.F. of Rs.10/- may be filed.

2. A.F. of Rs.10/- on c.c. of judt. u/a and A.F. of Rs.15/- on c.c. of decree u/a may be filed.

3. Nomenclature of case in c.c. of judt. And decree u/a may be corrected by court below. As such, c.c. of judt. And decree of civil appeal- 144/06 may be sent to court below for necessary correction after obtaining orders.

4.Parentage of respondent Nos.2(A) to 2(F) are missing in C.C. of decree u/a. As such, C.C. of decree u/a may be sent to the court below for necessary correction after obtaining orders.

6.Date of decree signed and nomenclature of case may be corrected at aggrieved and prayer portion.

8. word Rule' is missing in last line of certificate.

11. It appears that copy of decree of T.S.-112/89 is incomplete. It may be filed.

12. This memo of appeal is not properly filed as per J.H.C. Rule- 46(Double line spacing).

13. some words at page-1 is handwritten. True typed copy may be filed.

So far defect no.3 is concerned, office has submitted that corrected C.C. of judgment and decree of Civil Appeal No.144 of 2006 has been received but ld. counsel for the appellant has not corrected in memo of appeal as per the corrected judgment and decree of Civil Appeal No.144/06.

Further, office has submitted with regard to defect No.4 that parentage name of respondent no.2(A) of decree u/a has tallied with memo of appeal as per corrected c.c. of decree of Civil Appeal No.144 of 2006.

Considering the same, four weeks' time after the physical court starts is granted to the appellant to remove the defects, failing which this appeal shall stand dismissed without further reference to the Bench.

(Kailash Prasad Deo, J.) Sandeep-Jay/-