LAWS(CAL)-2010-3-6

SADANANDA PRASAD SHARMA Vs. DHRUBENDRA NATH SAMANTA

Decided On March 11, 2010
SADANANDA PRASAD SHARMA Appellant
V/S
DHRUBENDRA NATH SAMANTA Respondents

JUDGEMENT

(1.) An affidavit-of-service is filed; let the same be kept on record. The postal article addressed to the respondent No. 1 has come back with the postal endorsement 'left'.

(2.) Considering the nature of the order impugned before us, we take up the hearing of the appeal itself, although the matter is appearing under the heading 'for orders', by consent of the learned advocates appearing for the parties, and upon dispensation of all formalities.

(3.) Since the plaint was rejected on the prayer of the defendant No. 2 and the application for amendment of the plaint was contested only by the defendant No. 2, service of notice of this appeal on the defendant No. 1 is dispensed with.