State Of Jharkhand & Ors vs Doman Prasad Saha
2021 Latest Caselaw 2881 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Civil Appellate Jurisdiction)
                             SA. No. 421 of 2017
                                  ......

State of Jharkhand & Ors. ...... Appellants Versus Doman Prasad Saha ......Respondent

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

For the Appellants : Mr. Gaurav Kumar, Advocate AC to AAG-II For the Respondent : Mrs. Jasvindar Mazumdar, Advocate

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05/Dated: 12/08/2021.

Heard, learned counsel for the parties.

The instant Second Appeal has been preferred against the concurrent findings of both the courts below i.e. against the judgment dated 30.05.2017 and decree signed on 05.06.2017 passed by learned District Judge-VIII, Dhanbad in Title Appeal No.41 of 2011, whereby the judgment dated 14.03.2011 and decree signed on 24.03.2011 passed by learned Sub-Judge-5th, Dhanbad in Title Suit No.37 of 2006 has been affirmed.

It appears that defect nos.1 and 2 as pointed out vide further Stamp Reporting dated 07.02.2019 have not been removed.

Defect Nos. 1 & 2 are as follows:-

Defect no.1-C.C. of decree in original suit is hand written, True typed copy may be filed.

Defect no.2- Page no.1 of c.c. of judgment of trial court is faint/not readable. True typed coy may be filed.

Office notes reveals that with regard to defect no.1 and 2 typed copy of decree in original suit along with typed copy of page no.1 of judgment of trial court has been filed on dated 20.09.2019 but certified to be true has not been done.

Learned counsel for the appellants has prayed for three weeks time to remove the defects.

Mrs. Jasvindar Mazumdar, learned counsel for the caveator/respondent has serious objection.

Considering the same, three weeks' time is granted to remove the defects, failing which, this appeal shall stand dismissed without further reference to the Bench, as the appeal is of the year, 2017.

Office is directed to delete the name of learned counsel, Mr. Satish Kumar and Mr. Atanu Banerjee and the same be substituted by reflecting the name of learned counsel, Mr. Sachin Kumar, AAG-II.

In the meantime, parties are directed to exchange their pleadings.

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