Patna High Court - Orders
Smt.Kishni Devi vs Smt.Dalan Devi & Ors on 15 February, 2017
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
Patna High Court FA No.287 of 1987 (14) dt.15-02-2017
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IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.287 of 1987
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Smt.Kisni Devi
.... .... Appellant/s
Versus
Smt.Dalan Devi & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ramesh Singh
Mr. Rama Shankar Prasad
Mr. Rajendra Jha
Mr. K.P. Yadav
Mr. Rajesh Kr.Pandey
For the Respondent/s : Mr. K.P.Yadav
Mr. Suresh Kumar
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
14 15-02-2017Perused the office note dated 10.02.2017.
It appears that the certified copy of the decree under appeal was sent to the court below for necessary correction for removal of stamp report defect Nos.1, 2, 3 and 6. In spite of repeated letters and reminders, the decree has not been sent back after correction. A letter has been received from the District Judge concerned which is at flag 'X' i.e. dated 14.08.2015. More than one and half year has passed but still today, the certified copy of the decree has not been sent.
In view of the above fact, the office is directed to write a reminder letter to the court concerned and to the District Judge concerned for sending the lower court record to this court for Patna High Court FA No.287 of 1987 (14) dt.15-02-2017 2 reference in First Appeal No.287 of 1987 giving the details of the L.C.R. required. The court concerned is directed to see that the lower court record is received by the High Court within three weeks from date of receipt of this letter. A copy of this order be also sent with the letter to the court concerned and the District Judge. The District Judge is directed to see that this order is complied with.
It is made clear that the explanation that still today the record could not be traced and whenever it will be traced it will be sent will not be accepted. If the record is not sent within the aforesaid period, as directed, explanation must be given as to why it is not sent during this period i.e. more than 10 years in spite of repeated letters.
Put up after receipt of the lower court record.
(Mungeshwar Sahoo, J) Saurabh/-
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