Renuka Dhar & ORS v. Provat Kr.Jana

SA-228 of 1981 (CR-2232 of 1986) 21.03.2024 Item no.01 Court no. 50 Renuka Dhar & Ors.

Vs.

Provat Kr. Jana None appears.

Perused the office report dated 18.03.2024.

It transpires from the office report that Civil Rule was issued by the Hon'ble Court vide Order dated 04.08.1986 upon an application for stay in connection with the Civil Judge, being SA228/1981 and subsequently the notice of Rule was issued upon Opposite Party nos. 1, 3 and 4 through the Court of Ld. Additional District Judge 12th Court, Alipore, 24 Parganas, South under memo no. 4569D dated 12.09.1986 and Opposite Party no. 2 through the Ld. District Judge, Midnapore under memo no.

4570D dated 22.09.1986. Such Rule remain unserved in respect of Opposite Party nos. 1, 3 and 4 and the Rule has been duly served upon Opposite Party no. 2.

Thereafter, in due compliance with the Order of the then Ld.

Additional Registrar, dated 07.11.1990, notice of Rule was re-issued directly to Opposite Party nos. 1, 3 and 4 through registered post with A.D upon filing necessary requisites being postal cost with Challan bearing memo no. 1143-1145D dated 04.10.1993. But the status of service with regard to such issuance of notice of Rule upon Opposite Party nos. 1, 3 and 4 could not be determined as neither the case record nor departmental records contains A.D Card or undelivered cover.

Moreover, no vokalatnama has not been filed on behalf of Opposite Party nos. 1, 3 and 4 as the same could not be traced out from the departmental records.

It further transpires from the office report that as there is no record of SA-228/1981 in the CIS and the Rule filed is also not being accompanied by the

Appeal/mother file, the status of the connected appeal could not be determined.

In view of the above, it is apparent that the instant case is pending since 1986 and the status of service of Rule issued upon Opposite Party nos. 1, 3 and 4 could not be determined as yet.

Hence, the concerned Appeal Section is hereby directed to submit a report in respect of SA228/1981 within two weeks from date positively, in default, the matter will be placed before the Hon'ble Bench for necessary direction.

(Nabanita Ray) Registrar Administration (L&OM)