Narendra Nath Dutta & ORS. v. Jitendra Nath Dutta

04.08.2021 Item No. 43 Ct. No. 04 RP S.A.T. 2543 of 2001 + IA No. CAN 1 of 2003 (Old No.CAN 9107 of 2003) CAN 2 of 2007 (Old No. CAN 3990 of 2007) (applications not found) (Via Video Conference) Sri Narendranath Dutta & Ors.

Vs.

Sri Jitendranath Dutta None appears on behalf of appellants. Same situation prevailed on 10th June, 2021, when following order was made.

"The second appeal tender is of year 2001. The outstanding defect is regarding date of decree furnished in certified copy of decree of appellate Court differing with date of its judgment. This defect need not be an impediment for the appeal being moved as Rule 7 in Order 20 of the Code of Civil Procedure provides for the decree to bear the date on which the judgment was pronounced. That the learned Judge may have signed the decree later may have caused the discrepancy. None appears on behalf of appellants.

Let notice be issued to the learned advocate that this appeal will be listed in monthly list of August, 2021. In event appellants continue to go unrepresented, the appeal is likely to be dismissed.

List in monthly list of August, 2021."

Noting dated 19th July, 2021 says, notice was issued. Printed list has also been published.

We are convinced appellant has lost interest. SAT 2543 of 2001 and connected applications being CAN 1 of 2003 (Old No.CAN 9107 of 2003) and CAN 2 of 2007 (Old No.CAN 3990 of 2007), if any pending, are dismissed.

(Arindam Sinha, J.)

(Saugata Bhattacharyya, J.)