KALYAN KUMAR BASAK Vs. SALIL KUMAR BASAK

JUDGEMENT

(1.) On 2nd May 1983 the appellant made an application before M.M. Dutt and Monoj Kumar Mukherjee, JJ. and obtained an order granting leave to the appellant to file the above appeal against the order dated 3rd February 1983 of Mrs. Monjula Bose, J. without a certified copy thereof on usual undertaking and for stay of the said order. Pursuant to the said leave memorandum of appeal was filed without a certified copy of the said order. The above application was made returnable on 6th May 1983. No order for stay of the operation of the said order dated 3rd February 1983 was made. On the returnable date, i.e., 6th May 1983 the appeal Court gave directions for filing of affidavits in the said application. The said application is still pending.

(2.) As there were certain mistakes in the cause title of the appeal an order was made on 16th June 1983 for amendment of the cause title of the appeal, thereafter appellant took extension of time and on 5th August 1983 cause title of the appeal was corrected and/or amended.

(3.) The respondents Nos. 10, 11 and 12 through their Advocates-on-Record, M/s. Bose and Mitra wrote a letter to the registrar, Original Side, to set down the appeal before the Hon'ble Court as the appellant did not file the paper book within time.