Sankarlal Auddy & Ors vs Sugata Auddy And Ors
2021 Latest Caselaw 649 Cal/2

OD-8
                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                               IA NO. GA/15/2021
                                In CS/2745/1953

                          SANKARLAL AUDDY & ORS.
                                  Versus
                          SUGATA AUDDY AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 7th September, 2021.

Appearance:

Mr. Rupak Ghose, Adv.

Mr. Ayan Dutta, Adv.

Mr. Ayan Kumar Boral, Adv.

Ms. B. Ghosh, Adv.

Mr. D. K. Kundu, Adv.

Mr. A. Basu, Adv.

The Court: Upon hearing Counsel appearing for the parties and upon

considering the judgment of a learned Single Judge of this Court in Provat

Chandra Coomar And Ors. Vs. Rabindra Nath Coomar And Ors. reported in AIR

1960 Cal 291 which considered the effect of Order XXII Rule 4 of The Code of

Civil Procedure in relation to a partition suit, this Court is of the view that the

present application which is for bringing on record the legal heirs of the plaintiff

no.3 and defendant no.1D(i) may be allowed. Although prayer (c) of the Master

Summons seeks to bring on record the legal heirs of defendant no. 6 learned

Counsel appearing for the applicant does not seek to press the said prayer.

In view of the above, GA/15/2021 is allowed. The amendments are

allowed as prayed for. The applicant is given leave to re-verify the plaint in

terms of the amendments indicated in the relevant annexure to the

supplementary affidavit within two weeks from date. The concerned

department is directed to carry out the amendments within four weeks from

date. The applicant will thereafter issue fresh writ of summons within a period

of two weeks from the date of re-verification of the plaint only on the added

parties. The liberty is also given to the plaintiff to lodge the Writ of Summons

for that purpose within two weeks. The delay of 639 days in filing the

application is condoned. The plaintiff, however, will be liable to pay costs for

such delay assessed at Rs.20,000/- to be paid to Ramakrishna Misson,

Kolkata within a fortnight from date.

(MOUSHUMI BHATTACHARYA, J.)

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