LAWS(GAU)-1998-11-38

KAJAL CHANDRA DEB Vs. STATE OF TRIPURA

Decided On November 17, 1998
KAJAL CHANDRA DEB Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) The appellant filed an appeal petition under O. 43, R. 1(t) of C. P. C. against the order dated 13-7-1988 passed by the learned single Judge in Civil Misc. Case No. 17 of 1998 refusing under O. 41, R. 19, C. P. C. to readmit the Second Appeal No. 1 of 1992 which was dismissed for default under O. 41, R. 17 on 18-2-1998.

(2.) Although the appeal petition was filed as far back as 12-8-98, it was not registered and numbered till this Court by an order dated 5-11-98 directed :"The Civil Misc. case filed on 12-8-98 is converted to a L. P. Appeal and be numbered accordingly.The question of limitation and maintainability of the L. P. Appeal, however, is left open to be decided by the appropriate Division Bench."

(3.) As a matter of fact, there was no question of converting any civil miscellaneous case into a Letters Patent appeal, for no civil misc. case was ever registered and numbered except that the title page and the first page of the ordersheet of the case record bore rubber stamp impression "Civil Misc. (SA)" without any registration number.