Lalku Bedia & Others vs State Of Jharkhand & Anr
2021 Latest Caselaw 68 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Appellate Jurisdiction)
                         F.A. No. 104 of 2017
                               ........

Lalku Bedia & Others .... ..... Appellants Versus State of Jharkhand & Anr. .... ..... Respondents

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

For the Appellants : Mr. Mitul Kumar, Advocate. For the State : Mr. Devesh Krishna, S.C. (Mines)-III.

........

05/06.01.2021.

It appears that defect nos.1 to 6 and 9 as pointed out by Stamp Reporter dated 20.04.2017 have not been removed. It also appears that earlier this appeal was dismissed for non prosecution and the same was restored vide order dated 02.08.2019 passed in C.M.P. No.152/2018.

Defect Nos. 1 to 6 and 9 are as follows:-

Defect No.1 :- C.C. of impugned judgment may be filed with A/F of Rs.10/-.

Defect No.2 :- Appeal valuation given at page-2 of memo may be verified & corrected.

Defect No. 3:- Appellant no.2 of this memo has not appeared as party at impugned award.

Defect No.4 :- Appellant no.2 of C.C. of impugned award does not find place at this memo.

Defect No.5 :- Respondent no.1 of this memo has not appeared as party at impugned award.

Defect No.6 :- O.P. No.1 of impugned award may be made party in this memo.

Defect No.9 :- A/F of Rs.10/- is short upon award.

Learned counsel for the appellants, Mr. Mitul Kumar has submitted that 23 First Appeals are analogous matters, but all of them have been dismissed and the present appeal has been restored.

The office is to verify whether those First Appeals, which are analogous to the present appeal have been restored or not?

Learned counsel for the State, Mr. Devesh Krishna, S.C. (Mines)-III has submitted that file is not available with him as the appeal has already been dismissed and thereafter, it was restored.

Considering such submissions, learned counsel for the appellants is directed to serve two copies of memo of appeal along with the impugned judgment and decree upon the learned counsel for the State, Mr. Devesh Krishna, S.C. (Mines)-III within a period of two weeks from today.

Learned counsel for the appellants is also directed to remove the defects nos.1 to 6 and 9 within 30 days after the physical court starts, failing which this appeal shall stand dismissed without further reference to the Bench as the appeal is pending for removing the defects since 2017.

Office is directed to reflect the name of Mr. Devesh Krishna, S.C. (Mines)-III in place of Mr. Shahid Khan as counsel for the respondent.

(Kailash Prasad Deo, J.) Jay/-