Dr. Uday Kumar vs Braj Nandan Prasad Gupta
2021 Latest Caselaw 1545 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 192 of 2019
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             Dr. Uday Kumar                                        ---    ---   Appellant
                                                Versus
             Braj Nandan Prasad Gupta                              ---    ---   Respondent
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             CORAM:        Hon'ble Mr. Justice Aparesh Kumar Singh

Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant: Mr. Krishna Kumar, Advocate

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07 / 25.03.2021 Learned counsel for the appellant submits that defect nos. 1 to 5 and 7 to 11, as per stamp report dated 02.07.2019 has been removed. However, defect nos. 4, 6 and 12 still remains. Further, defect nos. 5 and 6, as per fresh stamp report dated 17.10.2019 also needs to be removed. Apart from that, appellant has filed I.A. No. 1872/2021 for ignoring defect no. 1 of stamp report dated 17.10.2019 concerning filing of last page of certified copy of the impugned order. Learned for the appellant submits that on requisition being made for issuance of certified copy of the impugned judgment, learned Family Court, Ranchi has informed that the record relating to Original Guardianship Case No. 40/2015 has already been sent to the Hon'ble Court vide remand no. 123 dated 02.06.2020.

2. As a matter of fact, the instant appeal arises out of the judgment dated 21.07.2017 passed in the Original Guardianship Case No. 40/2015, whereby the case was dismissed as not maintainable. In the aforesaid circumstances, learned counsel for the appellant is allowed three weeks' time to remove the remaining defects, as under.

As per S.R. dated 02.07.2019 iv. Complete party position may be given for all parties. vi. Name of ld. P.O. is missing at presentation form, para-1, aggrieved and prayer portion of this memo.

xii. T/C of annexures may be tagged after respective annexures. As per S.R. dated 17.10.2019 v. 1st page of C.C of impugned order is handwritten. True typed copy may be filed.

vi. Some words of last page of C.C of impugned order is fainted. True typed copy may be filed.

3. Office is directed to ascertain, whether records of the Original Guardianship Case No. 40/2015 has been received in this Court vide remand no. 123 dated 02.06.2020. In case it has been received, learned counsel for the appellant may file requisition for issuance of certified copy of the impugned judgment before the Registry on payment of usual cost. Office to report accordingly.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/