SACHINDRA MOHAN DEY Vs. M M CHAKRA- VARTI OFFICIAL RECEIVER
LAWS(CAL)-1970-11-1
HIGH COURT OF CALCUTTA
Decided on November 30,1970

SACHINDRA MOHAN DEY Appellant
VERSUS
M M CHAKRA- VARTI OFFICIAL RECEIVER Respondents

JUDGEMENT

- (1.) THIS matter has been brought up before us under the following circumstances : the appeal before us purports to be an appeal under clause 15 of the Letters Patent against a judgment of our learned brother Chittatosh Mookerjee, j. passed in F. A. 1004 of 1964, which was directed against a decree of the learned Judge, 6th Bench City Civil court Calcutta. The appeal has not been registered by this Court, as according to the Stamp Reporter, it cannot be registered without a Certificate from the Hon'ble Judge, against whose judgment the present appeal has been filed.
(2.) THE appellant's contention is that, in cases like the present no such certificate is necessary.
(3.) THE matter was put up before the learned Additional Registrar, who after a careful and correct analysis of the relative legal position, took the view that the appellant was right in contending that no Certificate would be necessary in the instant case, as demanded by the learned Stamp Reporter. As however Rule 3 of Chapter VIII of the appellate Side Rules of this Court, upon which reliance was placed by the learned Stamp Reporter, apparently support the) contrary point ,of view, the learned Additional Registrar after some very pertinent observations on the said Rule, referred the matter to the Bench for a decision of the above dispute.;


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