Ramgobinda Chattopadhya v. Gourhari Achar & ORS.

(04) 23.03.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION SA No. 54 of 1969 Ramgobinda Chattopadhaya -versus- Gourhari Achar & ors.

None appears on behalf of the appellant on call. The respondents are also not represented.

Perused the office report dated March 02, 2022 wherefrom it appears that the appeal was ready as regards service but till date no paper book has been filed by the appellant.

The appeal is pending since 1969, the appellant did not take any steps to make the appeal ready for hearing during this long period, from the conduct of the appellant it can be presumed that the appellant has lost his interest to proceed with the appeal. SA 54 of 1969 is, therefore, dismissed.

Interim order, if there be any, stands vacated. There shall be no order as to costs.

In the aforementioned office report some irregularities in the lower Court records connected with the present second appeal have been reported. The department is directed to send down the lower Court records immediately in the condition it has been received to the concerned Court below.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

(Biswajit Basu, J.)