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Bhagat Saren Abd Ors. Vs Tuni Hansda — Civil Procedure and Limitation | Calcutta HC (2023)

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Calcutta HC
2023
Bhagat Saren Abd Ors. Vs Tuni HansdaBhagat Saren Abd Ors. v. Tuni Hansda

Partly allowed

Bhagat Saren Abd Ors. v. Tuni Hansda

Calcutta HC12 May 2023SA/28/2023

Case brief

AI extract

What is this about?

This bench allowed a Section 5 application condoning delay in filing an appeal. It also allowed a recall application to restore the second appeal to its original file pending the deposit of deficiency court-fees and submission of a legible typed copy of the judgment.

What did the court decide?

CAN 2 of 2023 allowed; order dated May 12, 2023 recalled; appeal restored to original file subject to curing defects within January 31, 2025.

What the court decided

AI extract

Outcome

CAN 2 of 2023 allowed; order dated May 12, 2023 recalled; appeal restored to original file subject to curing defects within January 31, 2025.

Issue for consideration

Whether to condone the delay in preferring CAN 2 of 2023. +1 more

Detailed headnote1 paragraphs

The Single Judge Bench allowed the condonation of delay in preferring the second appeal. The order dismissing the appeal earlier was recalled subject to the appellants curing defects, viz., depositing deficit court-fees and furnishing a legible typed copy of the trial court judgment, within January 31, 2025.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

D/L.7. January 21, 2025. MNS.

SAT No. 28 of 2023 + CAN 1 of 2023 & CAN 2 of 2023 & CAN 3 of 2023

Sri Bhagat Saren and others Vs. Smt. Tuni Hansda

Mr. Tapas Kumar Dey, Mr. Rakesh Roy

… for the appellants.

Re: CAN 3 of 2023 (Section 5 application)

Upon perusal of the averments made in CAN 3 of 2023, we are satisfied with the sufficiency of the reasons for the delay in preferring CAN 2 of 2023.

Accordingly, CAN 3 of 2023 is allowed, thereby condoning the delay in filing CAN 2 of 2023.

Re : CAN 2 of 2023 (recalling application).

CAN 2 of 2023 is an application for recalling of the order dated May 12, 2023 passed by a co-ordinate Bench, whereby the appeal was dismissed for failure of the appellants to remove the defects.

We find from the records that neither were the deficit court-fees of Rs.258/- deposited by the appellants, nor did the learned Advocate for the appellants furnish a legible typed copy of the judgment

2

of the trial court, the certificate copy of which is illegible at places.

On the assurance given by learned counsel for the appellants that the appellants shall positively cure the aforementioned defects within a week from date, CAN 2 of 2023 is allowed, thereby recalling the order dated May 12, 2023 and restoring the Second Appeal to its original file and number, subject, however, to the appellants curing both the defects, as indicated above, within January 31, 2025.

The Office shall furnish a further report regarding such removal of defects.

The matter shall next be listed under the heading “To be mentioned” on February 10, 2025 for passing further orders in that regard.

(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether to condone the delay in preferring CAN 2 of 2023.
2.
Whether to recall the impugned order dated May 12, 2023, which dismissed the appeal for procedural defects.

Statutes considered

2 provisions across 2 enactments

AI extract

CAN 2 of 2023CAN 2 of 2023
Section 5 applicationSection 5 application

Parties & counsel

AI extract

appellant
Sri Bhagat Saren and others
respondent
Smt. Tuni Hansda

Coram

AI extract

Uday Kumar
Sabyasachi Bhattacharyya

Case details

As recorded by the court registry

Court: Calcutta HC
Decided on: 12 May 2023 · May
Registered: 20 Feb 2023
Case no.: SA/28/2023
CNR: WBCHCA0086952023
Topic: Civil Procedure and Limitation
Bench: Sabyasachi Bhattacharyya Uday Kumar
Disposal: DISMISSED

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Cite this judgement

Bhagat Saren Abd Ors. v. Tuni Hansda, SA/28/2023 (CAL), decided on 12 May 2023.

The Calcutta High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

CAN 2 of 2023CAN 2 of 2023
Section 5 applicationSection 5 application

View all statutes

Bench / Coram

Uday Kumar and Sabyasachi Bhattacharyya

Parties & counsel