Rana Gobardhan Sharma vs Dhananjay Sharma & Ors
2023 Latest Caselaw 3147 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         FA No. 163 of 2022

           Rana Gobardhan Sharma        ......            Appellant
                               Versus
           Dhananjay Sharma & Ors.    ........            Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Mr. Vishal Kumar, Adv. For the Respondents : Mr. Anil Kumar, Adv.

05 / 24.08.2023 I.A. No. 7420 of 2023 Heard.

Learned counsel for the appellant submits that this Interlocutory Application has been filed with a prayer to remove the defects pointed out by the Stamp Reporter at sl. 3, to the effect that the detailed address with P.O. &P.S., name of the defendant no. 14 is missing in the certified copy of the judgment and decree of the trial court. Learned counsel for the appellant submits that the decree be sent to the court concerned, for necessary correction. It is pertinent to mention here that there is specific provision in the C.P.C. and Civil Court Rules, prevalent in the State of Jharkhand that when the decree is prepared, it is kept for inspection of the parties but because of the callousness on the part of the parties, including the appellant, this defect was not pointed out and hence, in the impugned judgment and decree, the address of the respondent no. 14 could not be mentioned. This can be rectified by filing certified copy of the plaint filed by the petitioner in the trial court, in partition suit no. 02 of 2013 and the time and money of the personnel deputed with the court, ought not be wasted for the laches on the part of the litigants. Henc,e instead of sending the certified copy of the judgment and decree passed by the trial court for the correction, the appellant is directed to file the certified copy of the plaint filed by the parties in the trial court, so that on the basis of the same, the aforesaid defect can be cured.

(ANIL KUMAR CHOUDHARY, J.) FA No. 163 of 2022 The appellant prays for three weeks' time to file certified copy of the complaint by way of supplementary affidavit.

Prayer is allowed.

If the supplementary affidavit is not filed within three weeks, this appeal will stand dismissed without further reference to the Bench.

List this appeal along with the said interlocutory application after filing of the supplementary affidavit.

(ANIL KUMAR CHOUDHARY, J.) Smita/-