Calcutta High Court (Appellete Side)
Bibi Altanoor Khatoon & Anr vs Akatar Ali & Anr on 3 October, 2023
03.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 243 APPELLATE SIDE
KB ,,
F.M.A.T.(MV) 381 of 2023
with
IA No. CAN 1 of 2023
,
Bibi Altanoor Khatoon & Anr.
Vs.
Akatar Ali & Anr.
Mr. Atanu Basu
Mr. Anil Mishra
Ms. Anindita Bhattacharya Chakraborty
...for the appellants- claimants. ,,
Perused the report of Additional Stamp Reporter
dated 23rd August, 2023.
It is found from the aforesaid report that the
name of petitioner nos. 1 and 2 and name of opposite
party nos. 3 and 4 have not been incorporated in the
Memorandum of Appeal.
Since no award has been passed against opposite
party nos. 3 and 4, hence the defect in not incorporating
their name may be ignored.
However, appellants are directed to cure defects
by incorporating the name of petitioner nos.1 and 2 in the
Memorandum of Appeal.
Further it is reported that there is delay of 96
days in preferring the appeal.
For condonation of delay, the appellant have filed
an application being CAN 1 of 2023.
2
Appellants are directed to serve copy of the
aforesaid application upon the respondents and file
affidavit of service on the returnable date.
On the prayer of learned advocates for appellants-claimants, leave is granted to strike out words "Counsel for" in the first line of paragraph no. 4 at page 3 of the application.
Matter to appear in the list two weeks after the ensuing the Puja Vacation under the same heading.
(Bivas Pattanayak, J.)