BANAMALI DEBNATH Vs. DEBASISH BHOWMIK

JUDGEMENT

(1.) Heard Mr. S.K. Deb, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the applicant as well as Mr. D. Chakraborty, learned senior counsel assisted by Mr. H. Laskar, learned counsel appearing for the respondent.

(2.) This is an application for amending the memorandum of appeal. To put the matters simply, it is observed that with the memorandum of appeal, the appellant intends to enclose Annexures-3A and 3B to this application.

(3.) Mr. D. Chakraborty, learned senior counsel appearing for the respondent even though initially raised certain objections, but after a short deliberation, he has acceded to the prayer made by the appellant. But at the same time, he has submitted that Annexures-3A, the purported notice under Sec. 106 of the Transfer of Property Act was not admitted in the evidence either by the trial court or by the first appellate court.