Gopal Sahu vs The Deputy Commissioner & Ors
2021 Latest Caselaw 2876 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Appellate Jurisdiction)
                         SA. No. 27 of 2018
                              ......

      Gopal Sahu                                      ...... Appellant
                               Versus
      The Deputy Commissioner & Ors.                  ......Respondents

      CORAM:         HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                     (Through : Video Conferencing)
                                 ......
      For the Appellant                : Mr. Sanjay Kr. Tiwari, Advocate
      For the Respondents              :
                                 -----
07/Dated: 12/08/2021.

The instant Second Appeal has been preferred against the concurrent findings of both the courts below i.e. against the judgment dated 30.06.2017 and decree signed on 12.07.2017 passed by learned Principal District Judge, Simdega in Civil Appeal No.05 of 2016, whereby the judgment dated 31.03.2016 and decree signed on 12.04.2016 passed by learned Civil Judge, Junior Division (Munsif), Simdega in Title Suit No.11 of 2010 has been affirmed.

It appears that defect nos.1 to 5 as pointed out vide further Stamp Reporting dated 17.03.2020 have not been removed and court fee paid is short by Rs.220/-.

Defect Nos.1 to 5 are as follows:-

Defect no.1- Decree signed date and name of ld. P.O. of appellate court may be corrected at para 3 of limitation petition.

Defect no.2- Designation of ld. P.O. of Original Suit No.11/2010 may be verified & corrected at para 3 of limitation petition.

Defect no.3- T/C of limitation petition page no.6 to 11 may be given. Defect no.4- Annexure-1 of limitation petition may be made certified to be true.

Defect no.5- Date given by oath commissioner at the bottom of affidavit of limitation petition may be verified.

Learned counsel for the appellants has prayed for four weeks time to remove the defects and to deposit deficit court fee of Rs.220/-.

Learned counsel for the State, Mr. Sharbil Ahmed, AC to SC Mines-1, Mr. Praveen Akhouri has no objection.

Considering the same, four weeks' time is granted to remove the defects and to deposit deficit court fee of Rs.220/-, failing which, this appeal shall stand dismissed without further reference to the Bench, as the appeal is of the year, 2018.

Office is directed to delete the name of learned counsel, Md. Shamim Akhtar and the same be substituted by reflecting the name of learned counsel, Mr. Praveen Akhouri SC Mines-1.

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