The appellants were dismissed for failing to correct defects and submit required appeal and notice forms despite opportunities. All interim orders were vacated with no order for costs.
The appeal and connected application dismissed; interim orders vacated; no order as to costs.
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Item-77 12-05-2022
sg Ct. 8
SAT 174 of 2003 Can 2 of 2009 (old CAN 8325 of 2009)
Anil Chandra Golder & Ors. Versus Narendra Nath Mondal & Ors.
The appellants are not represented nor any accommodation is prayed for on behalf of the appellants.
In spite of giving several opportunities to the appellants to remove the defects and to submit the talabana and written up notice forms for effecting service of notice of appeal upon the non-appearing respondents nos. 1 to 8 (all), the same have not yet been put in.
In view of the non-compliance of the order dated 15th May, 2019, the appeal and the connected application stand dismissed. However, there shall be no order as to costs.
All interim orders shall stand vacated.
This order shall be communicated to the learned Additional District Judge, 1st Court, Barasat, North 24-Parganas through the office of the learned Registrar Administration (L&OM) for doing the needful.
(Sugato Majumdar, J.) (Soumen Sen, J.)
3 issues framed by the court
Whether the appeal and connected application stand dismissed due to non-compliance of order to remove defects and submit required forms.
Whether interim orders stand vacated in the event of dismissal of appeal for procedural default.
Whether any order as to costs is passed in such circumstances of non-appearance and non-compliance.
Anil Chandra Golder & Ors.
Narendra Nath Mondal & Ors.
Sugato Majumdar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
