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2023 Supreme(Tri) 36
HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Pradip Chanda & Anr. - Appellants
Versus
Jadu Lal Roy & Ors. - Respondents
Interlocutory Application 1 of 2022 in Regular Second Appeal 53 of 2022
Decided On : 04-01-2023
Important Points
Subject
Civil Law - Appellate Procedure
Headnote
(B) Administration of Justice - The court emphasizes the importance of expediency and diligence in pursuing appeals and ensuring fair notice to respondents. (Paras 2)
Facts of the case:
The appeal was filed with a 3-day delay, and a notice was issued to the respondents to show cause regarding this delay.
Findings of Court:
The court noted the request for condoning the delay, indicating an intent to proceed with the appeal pending further consideration.
Issues: The main issue addressed was whether the delay of 3 days in filing the appeal should be condoned.
Ratio Decidendi: The court indicated that the consideration of delay in appeals should be done judiciously, allowing for the opportunity to rectify procedural delays while ensuring that respondents are duly notified.
Result: Notice issued, matter posted for further consideration.
Samarjit Bhattacharjee, Advocate, D Paul, Advocate, P. Roy Barman, Advocate, Kawsik Nath, Advocate, D. Debnath, Advocate
| Table of Content |
|---|
| 1. hearing of the appeal by the court. (Para 1) |
| 2. application for condonation of delay. (Para 2) |
| 3. notice returnable date set. (Para 3) |
| 4. instructions for service of notice. (Para 4) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel for the applicant.
2. Issue notice calling upon the respondents to show cause as to why the delay of 3 days in preferring the instant appeal shall not be condoned, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
3. Notice is made returnable on 21.02.2023.
4. The applicant shall take steps for service of notice upon the respondents within 7(seven) days by registered post with AD.
