Calcutta High CourtFA/179/2012dismissed

M/S. L.K Business Pvt. Ltd. v. Vivekananda Education Society

2016-08-02Ld. Registrar Admn. (L And Om)2 pages

FA- 179 of 2012 17.03.2025 Item no.01 Court No.50 M/S L.K Business Pvt. Ltd.

Vs.

Vivedananda Education Society Ld. Advocate Mr. Prabir Banerjee appears for appellant.

Having heard the Ld. Advocate for the appellant and considered the other materials it appears that as per the report of Superintendant of 'FA' Section, the following defects are noted therein:

In case of the Exhibit list (marked by X) for the plaintiff at file C1

1. Exhibit list ( marked by flag 'X') is bereft of seal and signature of the Ld. P.O of the trial court and it is in extremely torn condition.

2. Exhibit no. 5 to 5(i) are not explicitly mentioned in the file ( page 58 to 68 are marked by flag 'A'). Besides that, stamped is in torn condition.

3. Exhibit no. 22 is not lying with the record.

In case of the Exhibit list ( marked by flag-C) for the defendant at file C1)

1. Exhibit list ( marked by flag 'C') is bereft of seal and signature of the Ld. P.O of the Trial Court.

2. Page no. 112 is not lying with the record.

Exhibit no. 'I' to 'K/3' ( page no. 154 to 162 are marked by flag 'N') is bereft of seal and signature of the P.O of the Trial Court.

3. Exhibit no. 'L' series ( marked by flag 'R') is bereft of office seal and the exhibit nos. 'M (Bill containing 4 sheets), N ( letter dated 15.07.95) as mentioned in the exhibit list are not lying with the record.

In file -D Page no. 290 ( Hajira) is not found in the T.C.R.

Considering the defects mentioned in the first and second paragraph.

The record is required to be sent back to the court of Ld. Civil Judge,( Sr. Divn, 7th Court, Alipore, South 24 Parganas for rectification of the defects.

As regards the other defects mentioned in the last paragraph none appears to represent the respondent to clarify the same.

However, the case record be put up after four weeks. In the meantime the record be sent to the court for rectification with a direction to transmit the same to this end after three weeks from the date of receipt.

(Kallol Chattopadhyay) Registrar Administration (L&OM)