The High Court dismissed the appeal as time-barred for failure to file a condonation of delay and for not removing defects identified in the Additional Stamp Reporter's report, which was submitted in an earlier order.
The appeal FMAT 966 of 2015 and Case No. 1 of 2016 are dismissed as time-barred and for failure to remove defects.
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FMAT 966 of 2015 With CAN 1 of 2016 (old CAN 12198 of 2016)
Ct. 8
Alamara Mondal & Anr. Versus Chowdhury Ashrafuddin & Ors.
(Through Video Conference)
The appellants are not represented nor any accommodation is prayed for on behalf of the appellants.
By our earlier order dated 11th November, 2021, we granted time to the appellants to remove the defects as indicated by the Additional Stamp Reporter in its report dated 7th September, 2015. In spite of given opportunity, no application for condonation of delay has been filed.
In view thereof, the appeal being FMAT 966 of 2015 stands dismissed as time barred and for failure to remove the other defects.
In view of the dismissal of FMAT 966 of 2015, CAN 1 of 2016 (old CAN 12198 of 2016) is also dismissed.
(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether the appeal is time-barred due to failure to file a condonation of delay application.
Whether the appeal is maintainable due to failure to remove defects pointed out in the Additional Stamp Reporter's report.
Alamara Mondal
Chowdhury Ashrafuddin
Ajoy Kumar Mukherjee
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
