Joydeb Manna And Ors vs Prafulla Mal (Deceased)
2022 Latest Caselaw 5655 Cal

18.08.2022
 KC(9)

                                S.A.T. 20 of 2017
                        Binod Behari Manna (deceased)
                                 represented by
                            Joydeb Manna and Ors.
                                     -versus-
                             Prafulla Mal (deceased)
                                 Represented by
                           Harekrishna Mal and Ors.
                                       With
                    CAN 1 of 2017 (Old CAN No. 883 of 2017)
                                       With
                                 CAN 2 of 2022
                                       With
                                 CAN 3 of 2022



             Mr. Krishna Das Poddar,
             Mr. Pradip Paul.............................For the appellants.

             Mr. Jayanta Kumar Das,
             Ms. Madhumanti Das....................For the respondent

nos. 1(a), 1(b) and 3.

This appeal and the connected applications are

mis-conceived. Binod Behari Manna, the appellant

before the first appellate court died during pendency of

the appeal. No step was taken for substitution of his

legal heirs and representatives in his place. The learned

first appellate court pronounced its judgment and

decree, the cause title of the case showing Binod Behari

Manna to be the appellant.

We cannot rectify the records.

This appeal and the connected applications are

disposed of giving liberty to the appellants to approach

the learned court below for rectification of the records. If

such rectification is done, it would be open to the

appellants to prefer the appeal on the self-same

grounds.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)