Appeal dismissed for failure to remove defects despite peremptory notice. Report dated 31.01.2023 with record. Interim order vacated. LC.R. file remanded to appropriate court.
Interim order vacated; case file remitted to appropriate court.
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03.02.2023 SL No.21 Court No.8 (gc) (Lawazima)
FA 256 of 2009
Debtosh Kumar Mondal Vs. Shelly @ Jolly Mondal (Biswas)
The appellant is not represented.
In spite of having adequate notice and a peremptory order being passed for removal of defects, no attempt has been made by appellant.
The appeal stands dismissed for non-compliance of the order dated 25.08.2014 and for non-removal of the defects.
The report 31.01.2023 filed by the department is kept with the record.
Interim order, if any, stands vacated.
L.C.R., if arrived, be sent down to the appropriate
Court.
(Uday Kumar, J.)
(Soumen Sen, J.)
3 issues framed by the court
Whether an appeal can be decided for non-compliance with peremptory orders to remove defects?
How to handle the LC.R. file in an appeal dismissed for default?
Whether the interim order pending in the appeal should remain in force after dismissal?
Debtosh Kumar Mondal
Shelly @ Jolly Mondal (Biswas)
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
