Jharkhand High Court
Yasoda Devi & Others vs Malawati Devi @ Malti Devi & Others on 5 August, 2021
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
S. A. No. 498 of 2017
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Yasoda Devi & Others ........... Appellants Versus Malawati Devi @ Malti Devi & Others ........ Respondents CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) .......
For the Appellants : Mr. Tarun Kr. Mahato, Advocate.
For the Respondents :
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04/05.08.2021
The second appeal has been preferred against the judgment dated 08.08.2017 and decree signed on dated 21.08.2017 passed by learned District Judge-XV, Dhanbad in Title Appeal No. 44 of 2013, whereby the appeal has been dismissed and the judgment dated 18.03.2013 and decree signed on 22.03.2013 passed by learned Civil Judge (Senior Division)-V, Dhanbad in Partition Suit No. 107/1997 has been affirmed.
Office note reveals that defect nos. 5 to 7 vide S.R. dated 27.11.2017 have not been removed and court fee paid is short by Rs. 970/-. Defect nos. 5, 6 & 7 are as follows:-
Defect no. 5 - c.c. of decree in original suit is handwritten true type copy may be filed.
Defect no. 6 - A/F of Rs. 10/- may be filed for c.c. of decree under appeal.
Defect no. 7 - L.T.I. of appellant no. 1 & 3 have not been attested as per JHC Rule 51.
Learned counsel for the appellants has prayed for two weeks' time after the physical court starts to remove the defects and also to deposit deficit court fees of Rs. 970/-.
Considering the same, two weeks' time after the physical court starts is granted to appellants to remove the defects as pointed out by the office and also to deposit deficit court fees, failing which, this appeal shall stand dismissed without further reference to the Bench, as the appeal is of the year 2017.
(Kailash Prasad Deo, J.) Sunil/-