Dhanapati Chowdhury vs Bhabataran Chowdhury & Ors
2022 Latest Caselaw 3498 Cal

23.06.2022
  (D/L-43)
   Ct.-18
 (Susanta)

                             SAT 465 of 2010
                                  With
        I.A.   No.   CAN 1 of 2011 (Old CAN 2870 of 2011)
        I.A.   No.   CAN 2 of 2011 (Old CAN 10913 of 2011)
        I.A.   No.   CAN 3 of 2019 (Old CAN 6965 of 2019)
        I.A.   No.   CAN 4 of 2019 (Old CAN 6966 of 2019)
                        I.A. No. CAN 5 of 2021
                        I.A. No. CAN 6 of 2021


                          Dhanapati Chowdhury
                                 -Vs-
                      Bhabataran Chowdhury & Ors.


               Mr. Partha Pratim Roy,
               Mr. Dyutiman Banerjee,
                                            .... For the Appellant.
               Mr. Asit Bhattacharyya,
               Mr. Souranjan Mandal,
               Ms. Mousumi Biswas,
                                    .... For the Respondents.

Re: I.A. No. CAN 4 of 2019 (Old CAN 6966 of 2019)

This is an application for substitution of the

heirs and legal representatives of the deceased

respondent no. 4, in the application wrongly

mentioned as respondent no.3, who died

intestate on November 17, 2018.

The application has been field by the

contesting respondents, as such, on the consent of

Mr. Roy, learned Counsel for the appellant, the

delay in filing the application is condoned.

Consequently, the abatement of the appeal so far

as it relates to the deceased respondent no.4 is set

aside.

The application is otherwise in form as such

allowed.

The heirs and legal representatives of the

deceased respondent no.4, whose particulars have

been set out under paragraph 3 of the application

be substituted in place and instead of the said

deceased respondent.

The department is directed to carry out the

necessary amendment in the Cause Title of the

Memorandum of Appeal.

The appellant to put in requisite and the

written up notice formed for service of notice of

appeal upon the substituted respondents within a

week from date.

If such requisite is put in within the said

time, the department shall issue the said notice

immediately.

The application being I.A. No. CAN 4 of 2019

(Old CAN 6966 of 2019) is thus disposed of

without any order as to costs.

Re: I.A. No. CAN 5 of 2021

This is an application for substitution of the

heirs and legal representatives of the deceased

respondent no. 3, after setting aside abatement of

condonation of delay, the said respondent died

intestate during the pendency of the present

Second Appeal on February 21, 2020.

Delay in filing the application has been

satisfactorily explained, as such, abatement so far

as it relates to the deceased respondent no.3 is set

aside.

Let the heirs and legal representatives of the

said deceased respondent no. 3, whose particulars

have been set out under paragraph No.3 of the

application be substituted in place and instead of

the said deceased respondent.

The application being I.A. No. CAN 5 of 2021

is thus disposed of without any order as to costs.

Mr. Bhattacharyya, learned advocate for the

respondents submits that his junior Ms. Mousumi

Biswas shall file Vakalatnama on behalf of the

substituted respondents in course of this week.

The appeal, therefore, ready as regards service

against the said substituted respondents by

appearance.

Re: I.A. No. CAN 6 of 2021

This is an application for substitution of the

heirs and legal representatives of the deceased

respondent no.2, who died intestate during the

pendency of the present Second Appeal on

December 14, 2020.

The application has filed within time and is

otherwise in form, as such, allowed.

Let the heirs and legal representatives of the

deceased respondent no. 2, whose particulars have

been set out under paragraph no. 3 of the

application be substituted in place and instead of

the said deceased respondent.

The department is directed to carry out the

necessary amendment in the Cause Title of the

Memorandum of Appeal.

Mr. Bhattacharyya, learned advocate for the

respondents submits that his junior Ms. Mousumi

Biswas shall file Vakalatnama on behalf of the

substituted respondents in course of this week.

Re: I.A. No. CAN 2 of 2011 (Old CAN 10913 of 2011)

This is an application by the appellant for

setting aside of the judgment and decree under

challenge in the present Second Appeal.

Mr. Roy, learned advocate for the appellant

submits that his client is not willing to press this

application.

The application being I.A. No. CAN 2 of 2011

(Old CAN 10913 of 2011) is dismissed as not

pressed without any order as to costs.

Re: I.A. No. CAN 3 of 2019 (Old CAN 6965 of 2019)

Mr. Bhattacharyya, learned advocate for the

respondents submits that his clients are not

willing to press this application, as such

dismissed.

The application being I.A. No. CAN 3 of 2019

(Old CAN 6965 of 2019) is dismissed as not

pressed without any order as to costs.

Re: I.A. No. CAN 1 of 2011 (Old CAN 2870 of 2011)

Let the application being I.A. No. CAN 1 of

2011 (Old CAN 2870 of 2011) be listed one week

hence.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)