Jethmal Choraria vs Santi Bhutoria & Ors
2022 Latest Caselaw 1839 Cal

06.04.2022
  SL No.47
 Court No.8
    (gc)


                               FAT 365 of 2018
                                    With
                                CAN 2 of 2022

                              Jethmal Choraria
                                    Vs.
                            Santi Bhutoria & Ors.

                                      Mr. Srinjoy Das,
                                      Mr. Victor Chatterjee,
                                      Mr. Barnamoy Basak,
                                                       ...for the Appellant.



                                      Re: CAN 2 of 2022

                  The affidavit of service shows that the application for

              substitution could not be served upon the respondents as

the postal envelopes were returned with the endorsement

"out of station". However, we decide to take up this

application for substitution.

During the pendency of the appeal, the original

respondent No.4 died intestate leaving behind her son

Gunjan Choraria. Although the application has been filed

beyond the period of limitation. However, by reason of the

judgment of the Hon'ble Supreme Court of India in Re:

Cognizance For Extension of Limitation being Suo Motu

Writ Petition (C) No.3 of 2020 dated 23rd March, 2020

allowing the extension of the period of limitation in all

proceedings before Courts/Tribunal including the

Supreme Court with effect from 15th March, 2020 till 15th

March, 2021 and thereafter the limitation was further

extended till 28th February, 2022, the application filed on

31st January, 2022 shall be treated to be filed in time.

Accordingly, the prayer for substitution is allowed.

The department is directed to record substitution as

prayed for in the petition by deleting the name of the

original respondent No.4 and substituting Gunjan

Choraria in place and stead of the said original respondent

in the memorandum of appeal and the application

connected thereto within a period of two weeks from the

date of communication of this order.

CAN 2 of 2022 is, thus, disposed of.

Affidavit of service filed in Court today be kept with

the record.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)