In an unrepresented appeal (SA 108 of 1981), the court dismissed the petition for non-removal of defects despite notice and a peremptory order dated 18.07.2005, vacated interim orders, and directed sending the Local Court Record back.
Appeal dismissed for non-removal of defects; interim order vacated; L.C.R. sent down.
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10.02.2023 SL No.41 Court No.8 (gc)
SA 108 of 1981
Anath Bandhab Patra & Anr. Vs.
Bankim Behari Ukil & Ors.
The appellants are not represented, nor any accommodation is prayed for on behalf of the appellant.
In spite of having adequate notice and a peremptory order being passed for removal of defects, no attempt has been made by appellants.
In view of the report of the Assistant Registrar dated 09.02.2023 that the defects have not been removed in terms of the order dated 18.07.2005, the appeal stands dismissed for non-removal of the defects.
Interim order, if any, stands vacated.
L.C.R., if arrived, be sent down to the appropriate
Court.
(Uday Kumar, J.)
(Soumen Sen, J.)
1 issue framed by the court
Whether an appeal should be dismissed for failure to remove defects despite peremptory order.
Anath Bandhab Patra & Anr.
Bankim Behari Ukil & Ors.
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
