Laxman Kumar Das @ Lakshman Kumar Das v. Lal Mohan Konai @ Lalu Konai

FA-99 of 2016 07.08.2023 Item no.7 Court No.50 Sri Laxman Kumar Das alias Lakshman Kumar Das Vs Sri Soumitra Konai & Ors Mr Manik Lal Poddar, Ld. Advocate appears for the sole appellant.

Perused the office report dated 20.03.2023 /04.08.2023 and the office note dated 20.03.2023. It appears from the said office report that the L.C.R in connection with Testamentary Suit No.08 of 2003 was received from the Ld. Additional Sessions Judge , 5th Court -cum-Special Court NDPS Act Murshidabad at Barhampore vide memo no.18 dated 06.01.2023. On examination of the said L.C.R the following defects still persist according to the office note dated 20.03.2023:

1. Exhibit no.2/1 (Registered Will), 'X' for identification (Original Will) and Exhibit no.2 (signature on the Will of namely Biswajit Maitra) are not found in the L.C.R.

A report has been furnished by the Deputy Registrar Establishment on 20.03.2023 that no Will in connection with this instant appeal has been received or is lying at their end.

Thus the said L.C.R is incomplete. The L.C.R be send back immediately to the Ld. Trial Court for removal of the said defects.

The Ld. Advocate appearing for the sole appellant submits that he is willing to file Special Messenger Cost to send back the said L.C.R to the Ld. Trial Court. In view of the above facts and circumstances. the the Ld. Advocate for the sole appellant is directed to put Special Messenger Cost within one week from this date so that the defective L.C.R be send back to the Ld. Trial Court within 18.08.2023 positively. The Ld. Trial Court is directed to retransmit the correct and complete L.C.R to this Hon'ble Court within two weeks from the date of receipt of the same along with communication from the department.

(Nabanita Ray) Registrar Administration (L&OM)