Calcutta High Court (Appellete Side)
Akd vs Sri Krishnapada Chanda & Ors on 10 January, 2022
Author: Harish Tandon
Bench: Harish Tandon
15 10.01.22 S.A.T. 22 of 2014
Ct. No. 04
Sri Swapan Kumar Chanda
Akd Vs.
Sri Krishnapada Chanda & Ors.
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Mr. Subhamay Patra, Ms. Soni Ojha.
... for the appellant.
The appeal shall be heard on the following substantial questions of law:
I. Whether the suit simplicitor for declaration of right, title and interest filed by the plaintiff/appellant can be dismissed solely on the ground that the relief for cancellation of Deed allegedly executed by the father of the plaintiff/appellant was more than three preceding years? II. Whether the relief challenging the alleged Deed executed by the predecessor-in- interest of the plaintiff/appellant is barred by limitation, as the plaintiff/appellant did not file the suit for such relief within three years from the date of attaining the majority?
III. Whether the relief challenging the Deed allegedly executed by the predecessor-in- interest of the plaintiff/appellant brought by way of an amendment within three years from the date of disclosure of the same in the written statement by the defendants/respondents is well within the period of limitation or not?
Let the Lower Court Records be called for through special messenger at the cost of the appellant.
Such cost shall be put in within one week from 2 date.
After arrival of the Lower Court Records the office shall examine the same and if found complete, shall issue notice under Rule 12 of Chapter IX of the Appellate Side Rules upon the learned Advocate on record of the appellant.
The appellant shall prepare eight numbers of informal paper books - printed, typewritten or cyclostyled, as the case may be, - out of Court, within eight weeks from date and shall file the same in the Department upon serving a copy thereof upon the learned Advocate on record of the respondents.
All other formalities pertaining to preparation of paper books are dispensed with. After the appeal is otherwise ready for hearing liberty is granted to the parties to pray for early disposal thereof.
(Harish Tandon, J.) (Rabindranath Samanta, J.)