JYOTIRMAY BHATTACHARYA,J. - (1.) This is a defective appeal. However, the defects as notified in the Stamp Reporter's report are curable. Leave is granted to the learned advocate of the appellant to rectify the defects in the memorandum of appeal in terms of the report of the Stamp Reporter.
(2.) This second miscellaneous appeal is directed against the judgement and/or deemed decree dated 13th May, 2015 passed by the Learned Special Court (E.C. Act)) -cum -Additional District & Sessions Judge, Alipore, District South 24 -Parganas in Miscellaneous Appeal No. 370 of 2012 reversing the judgement and/or decree dated 30th May, 2012 passed by the Learned Civil Judge (Senior Division), 6th Court, Alipore, District -South 24 -Parganas in Miscellaneous Case No.37 of 2003, at the instance of the defendant/opposite party/appellant. After hearing Mr. Bhattacharya, learned advocate appearing for the appellant, we admit this appeal for hearing under the Provision of Order 41 Rule 11 of the Code of Civil Procedure on the following substantial question of law: - Whether an application under Sections 3 and 4 of the Partition Act can be maintained independently without filing any suit for partition or not?
(3.) The applicant/respondent No.1 is represented by Mr. Mukherjee, learned senior counsel. As such, service of notice of appeal upon the respondent No.1 is dispensed with. The respondent No.2 viz. Nesar Ahmed did not contest either the misc. case filed by Mr. Mukherjee's client before the learned Trial Court or the appeal filed by Mr. Mukherjee's client before the learned First Appellate Court. As such, service of notice of appeal upon the said respondent No.2 is dispensed with. ;