Taiba Begum & Others vs Anwar Ahmad & Others
2021 Latest Caselaw 2158 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Appellate Jurisdiction)
                       S. A. No. 351 of 2015
                              ......

Taiba Begum & Others ........... Appellants Versus Anwar Ahmad & Others ........ Respondents

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

 For the Appellants            : Mr. Sanjay Kumar Pandey, Advocate
 For the Respondents           :
                                 .......
 06/01.07.2021

The instant appeal has been filed against the judgment dated 27.02.2015 and decree signed on 13.03.2015 passed by learned Principal District Judge, Garhwa in Title Appeal No. 24/2013, whereby the judgment dated 26.11.2013 and decree signed on 10.12.2013 passed by learned Munsif, Civil Court, Garhwa in Title Suit No. 36/2009 has been affirmed.

Learned counsel for the appellants, Mr. Sanjay Kumar Pandey has prayed for four weeks' time to remove the defect nos.1 & 2 as pointed out by the Stamp Reporter dated 16.09.2015.

Defect nos. 1 & 2 are as follows:-

1. Suit value of c.c. of original decree differs from appeal value of c.c. of decree u/a. It may be sent to the court below for necessary correction after obtaining orders.

Accordingly, valuations given in memo may be verified by ld. counsel after receipt of corrected c.c. of decree.

2. Second Appeal value may be given in memo. However, with regard to the defect no. 1 office has pointed out that corrected c.c. of decree of T.A. No. 24/2013 and decree of T.S. No. 36/2009 have been received after correction from the court below and kept on record and learned counsel for the appellants may be directed to correct the same in memo of appeal.

Considering the same, 30 days' time after the physical court starts is granted to the appellants to remove the defects, failing which this appeal shall stand dismissed without further reference to the Bench.

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