Shri. P. Sai Ganesh v. Shri. T. Mohan

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/49/2024 Shri P.Sai Ganesh Vs.

Shri T. Mohan Mr. Arul Prasanth [through virtual mode] Ms.Dolly Sarkar ... for the petitioner November 18, 2024 [SR] Item No.1 Suppl.list 1.

The revisional application is directed against an order dated 30.10.2024 passed in Other Appeal No.13 of 2024 by the District Judge, A & N Islands, Port Blair.

2.

The suit for eviction of the revisionist/defendant was dismissed by the First Court below. An appeal was preferred by the opposite party/land lord being Other Appeal No.13 of 2024. 3.

The revisionist/defendant has only supplied with the memorandum of appeal and a copy of the judgment and decree of the First Court.

4.

Before the lower Appellate Court, the petitioner prayed for a copy of the documents relied upon by the appellant in the form of a paper book or compilation. The Court below has surprisingly refused the same stating that there are no such rules for supplying of copies. The revisionist was asked to go through the court records and make submissions in reply to the argument for the opposite party.

5.

It is extremely difficult for either party in a proceeding including the Judge to hear an appeal without an appropriate compilation of the papers in the First Court. 6.

In those circumstances, this Court is of the view that the Court below has erred in refusing direction to the opposite party to supply paper books and compilation of the records of the First Court to be relied in the hearing of the appeal in the Court below.

7.

The OP herein/appellant in the court below shall prepare a compilation/paper book with index all the pleadings and evidence in the First Court, paginate the same and supply a copy to the same to the Lower Appellate Court and the applicant herein and respondent in the court below. 8.

It is only thereafter that the Other Appeal No.13 of 2024 shall be taken up for hearing and disposed of by the court below.

9.

Since the order passed hereinabove will not prejudice the respondents, the matter is disposed of without formal notice to them.

10.

The petitioner shall serve notice of this order on the respondent/OP and his Learned Advocate in the court below. 11.

The Registry shall notify the Lower Appellate Court of the above order.

12.

The revisional application shall stand disposed of. There shall be no order as to costs.

( Rajasekhar Mantha, J. )