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Judgment
17 paragraphs · 276 wordsLeave is granted to the learned Advocate-on-Record of the appellants to rectify the defect in the cause title of the Memorandum of Appeal and the
stay petition.
The report submitted by the Additional Stamp Reporter as to the defect in this appeal may be ignored as we are informed by Mr. Roy, learned
advocate appearing for the appellants that the defendant no. 2 died during the pendency of the suit and her name was expunged. We are also
informed by Mr. Roy that the legal representatives of the said defendant were already on record. As such, the decree of the appeal need not be sent
down to the court below for correction.
This appeal will be heard.
Call for the lower court records.
Issue usual notices.
The appellants are directed to serve copies of the Memorandum of Appeal and the stay application upon the respondent no. 3, intimating that the
Memorandum of Appeal and the stay application will be listed for hearing four weeks after the reopening of the court after the Summer Vacation
before the appropriate Bench. Such service will be effected by Registered Post/Speed Post with A.D. The appellants are also directed to file
affidavit of service on the next date fixed for hearing.
Since Mr. Chakraborty, learned advocate has already entered appearance pursuant to the caveat lodged by him on behalf of the respondent nos. l and
2, further service need not be effected upon the respondent nos. l and 2.
All further proceedings of Title Suit No. 1560 of 2008 pending before the learned Civil Judge (Junior Division), 2nd Additional Court at Alipore will
remain stayed till the disposal of the appeal.