Subed Ali & Ors vs Sakila Bibi & Ors
2021 Latest Caselaw 2177 Cal

 S/L 85.
19.03.2021
  S.D.

                           S.A.T. 9 of 2018
                                With
               CAN 1 of 2018 (Old No. CAN 7224 of 2018)
                CAN 2 2020 (Old No. CAN 814 of 2020)
                            CAN 3 of 2021
                       (Via Video Conference)


                                  Subed Ali & Ors.
                                         Vs.
                                  Sakila Bibi & Ors.

                   Ms. Shila Sarkar
                                                 ...For the Appellants.

                   Mr. Chitta Ranjan Chakraborty
                   Mr. D.J. Chakraborty
                                            ...For the Respondents.

In re: CAN 3 of 2021

This is an application for substitution of heirs of the

deceased defendant/respondent no. 38 who died intestate on

25.12.2020 leaving behind his widow, son and daughter as

mentioned in the cause title of the application. They are all

major, sui juris and do not suffer from any legal disability and

the application is made within time.

Upon hearing the learned Advocate for both the

parties, let the heirs of the deceased respondent no. 38 be

incorporated to the cause title of the memorandum of appeal

as 38(a) to 38(f).

Department is directed to take note of the cause title of

the Memorandum of Appeal and necessary amendments be

carried out accordingly.

Thus, the application being CAN 3 of 2021 is disposed

of.

No order as to costs.

In re: CAN 2 of 2020 (Old CAN 814 of 2020)

The applicants/petitioners are defendants/respondents

no. 39(a) to 39(1) and 40 in the instant appeal. The appellants

who were plaintiffs before the Trial Court in Partition Suit

being Partition Suit No. 26 of 1978 had preferred before the

Additional District Judge, Malda and the Appeal Court by

judgment dated 25.8.2017 affirmed the judgment of the Trial

Court. On being aggrieved, the appellants have preferred

this Second Appeal which is admitted by order dated

11.9.2018 on formulation of substantial questions of law and

an usual order was passed for calling of the Lower Court

Records and to issue notices. But there was no direction for

preparation of informal Paper Book upon the appellant.

It appears that the Lower Court Records have not been

received by this Court. Presumably, no step has been taken

for calling for the LC.R. Therefore, the

respondents/applicant's prayer is considered which direct

upon them to call for L.C.R. by Special Messenger for early

hearing of the appeal. Costs of such Special Messenger be

deposited within a week from the date. After the L.C.R. are

brought to the department, department will check and verify

the case records and will put the applicants/respondents on

notice about the arrival of the records so as to enable the

applicants/respondents to prepare informal Paper Book out

of Court in accordance with law and appellants/plaintiff is

accordingly directed to serve a legible copy of Memorandum

of Appeal with all annexures of this appeal being S.A.T. No. 9

of 2018 within seven days from the date.

It appears that the case remains listed under the

heading S.A.T. 9 of 2018. The department will register it as

Second Appeal if there is no legal impediment to them.

Thus, CAN Application being CAN 2 of 2020 (Old

CAN 814 of 2020) is disposed of.

No order as to costs.

(Shivakant Prasad, J.)