Calcutta High Court (Appellete Side)
Sk Azad Ali vs Sk Razzak Ali & Anr on 21 February, 2024
SAT-389 of 2018 21.02.2024
Item no.05 Court No.50 SK Azad Ali Vs. SK Razzak Ali & Anr.
None appears.
Perused the office report dated 07.02.2024.
It transpires from the office report that in due compliance with the direction of the Hon'ble Court dated 12.04.2022 the certified copy of the decree on appeal was sent down to the Court of Ld. Civil Judge, (Senior Division), Haldia for correction of the decree as the name of the defendant nos. 3 to 5 is not there in the decree of the Trial Court. Neither it find place in the district Appellate Court nor it is appearing in the cause title. The L.C.R was also called for vide memo no. 537- S dated 20.04.2022.
Thereafter, seven files of L.C.R in connection with Title Appeal No.03/18 (29/16) and Title Suit no. 134/07 have been received with the letter vide memo no. 96 dated 30.05.2022 wherein Ld. Civil Judge, (Senior Division), Haldia, Purba Medinipur has stated that the cause title of memorandum of appeal does not contain the names of the defendant nos. 3 to 5 due to which at the time of drawing up of decree their names did not appear.
Upon examination of received L.C.R it has been disclosed that the names of the defendant nos. 3 to 5 were expunged vide Order no. 18 dated 21.04.2009 in connection with Title Suit no. 134/07. But the same was not reflected in the plaint of Title Suit no.134/07 as well as in the decree of Title Suit no. 134/07.
Moreover, all the exhibited original documents on behalf of the plaintiff/appellant i.e. exhibit no. 1 to 5 were taken back vide Order no. 40 dated 12.09.2017 in connection with Title Suit no. 134/07 by way of filing certified copies of the same.
Hence, the certified copy of decree of Title Suit no. 134/07 along with the entire L.C.R is required to be sent down to the Court of Ld. Civil Judge, (Senior Division), Haldia, Purba Medinipur for necessary correction of Title Suit no. 134/07 and to re-transmit the same along with the certified copy of the decree on appeal.
Thus after careful scrutiny of the office report vis-a-vis the case record, it is apparent that certain defects have been cropped up which have been indicated hereinabove and the same is required to be removed at once.
In view of the same, let the L.C.R in connection with Title Suit no. 134/07 along with Title Appeal no. 03/2018 be sent back to the Court of Ld. Civil Judge, (Senior Division), Haldia, Purba Medinipur for removal of defects as indicated hereinabove with a direction to retransmit the same along with certified copy of the decree on appeal within two weeks from date positively.
(Nabanita Ray) Registrar Administration (L&OM)