Jhalki Devi & Ors vs Pawan Manjhi & Ors
2021 Latest Caselaw 2875 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          (Civil Appellate Jurisdiction)
                            SA. No. 44 of 2018
                                 ......

       Jhalki Devi & Ors.                                ...... Appellants
                                  Versus
       Pawan Manjhi & Ors.                               ......Respondents

       CORAM:        HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                     (Through : Video Conferencing)
                                 ......
      For the Appellants               : None
      For the Respondents              :
                                 -----
04/Dated: 12/08/2021.

The instant Second Appeal has been preferred against the judgment dated 30.01.2018 and decree signed on 11.01.2018 passed by learned District Judge-II, Deoghar in Civil Appeal No.20 of 2005, whereby the judgment dated 16.09.2005 and decree signed on 26.09.2005 passed by learned Sub-Judge-IIIrd, Deoghar in Title Suit No.423 of 1997 has been reversal.

It appears that defect nos.2, 5, 8 to 12 as pointed out vide Stamp Reporting dated 16.02.2018 have not been removed and court fee paid is short by Rs.150/-.

Defect nos.2, 5, 8 to 12 as pointed out vide Stamp Reporting dated 16.02.2018 are as follows:-

Defect no.2- Some portions at page no.1 & 2 are handwritten. Defect no.5- Name of resp. No.6 & 9, 12 may be verified & corrected as per cc. Of decree u/a.

Defect no.8- Synopsis may be filed.

Defect no.9- Some portions at trial court decree and appellate court decree are handwritten. Hence true certified legible typed copy may be filed.

Defect no.10- L.T.I. Of appellants may be attested as per JHC rule. Defect no.11- Appellant nos.3, 4, 9 have not executed vakalatnama. Defect no.12- Vakalatnama is executed by some of the persons who are not party in this memo. Their details may be deleted.

Defect no.1 as pointed out vide further stamp reporting dated 29.08.2019 is as follows:-

Defect no.1- Lower court details is missing at presentation form. Considering the same, 30 days' time after physical court starts is granted to the appellants to remove the defects and deposit deficit court fee of Rs.150/-, failing which the present appeal shall stand dismissed without further reference to the Bench, as the appeal is of the year, 2018.

(Kailash Prasad Deo, J.) R.S.