Sri Biswajit Nandy & Ors vs Sri Bholanath Modak
2021 Latest Caselaw 4052 Cal

 (04)
03.08.2021

(p.jana)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

(Via Video Conference)

CO No. 4082 of 2018 (IA No : CAN 1 of 2021)

Sri Biswajit Nandy & ors.

-versus-

Sri Bholanath Modak

Mr. Ayan Banerjee, Ms. Debasree Dhamali,

... for the petitioners.

Re : CAN 1 of 2021.

Affidavit of service filed on behalf of the petitioners is

taken on record.

This is an application for substitution of the heirs and

legal representatives of sole opposite party who has died

intestate during the pendency of the revisional application on

October 06, 2020 leaving behind him surviving his heirs and

legal representatives whose particulars have been set out in

paragraph 11 of the application.

The application was filed on July 28, 2021. The

petitioners although have prayed for substitution of the said

heirs and legal representatives of the deceased opposite party

after setting aside abatement on condonation of delay but in

view of the judgment of the learned Single Bench of this

Court in the case of SHANKER DE BHATTACHARYYA v.

SMT. JYOTIVMOYEE DEVI AND OTHERS reported in

AIR 1998 Calcutta 55 the period of limitation for

substitution of the heirs and legal representatives of a

deceased party in an application under Article 227 is three

years from the date of death of such party. Therefore, the

application has been filed within time and it is otherwise in

form, as such, allowed.

CAN 1 of 2021 is thus disposed of. No order as to

costs.

Let the heirs and legal representatives of the deceased

opposite party be substituted in place and instead of the

deceased opposite party.

The department is directed to carry out necessary

amendment in the cause title of the revisional application.

The petitioners are directed to serve a notice upon the

substituted opposite parties by speed post with

acknowledgement due intimating that the matter will come up

in the combined monthly list of September 2021 under the

heading 'Motion'.

The petitioners are also required to serve a notice

along with the copy of this order upon the learned advocate

representing the said opposite parties in the Court below.

The petitioners to file affidavit-of-service on the next

date of hearing.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance of all

requisite formalities.

(Biswajit Basu, J.)