Sri Sasanka Bose & Ors vs Smt. Ruma Bose & Ors
2022 Latest Caselaw 7492 Cal

N.22Sl                           FAT 133 of 2022
151/CL                                with
  11.11.22                         CAN 1 of 2022
   Sl-10                               and
   Ct.32                           CAN 2 of 2022
   (S.R.)
                             Sri Sasanka Bose & Ors.
                                       v.
                             Smt. Ruma Bose & Ors.

             Mr. Tanmoy Mukherjee
             Mr. Souvik Das
             Mr. K. Raihan Ahmed
             Mr. Rudranil Das                      ... for the appellants.


                   Affidavit of service filed by the appellants be kept on

             record.

                               In re: CAN 2 of 2022

                   Mr. Mukherjee, learned advocate appearing for the

             appellants submits that the plaintiff no.4 expired on 3 rd

             March, 2022, i.e., after conclusion of hearing of the suit

             and prior to filing of the present appeal against the

             judgment and decree dated 4th March, 2022. The suit is

             for partition and the plaintiff no.4 died intestate leaving

             behind her heirs, as detailed in paragraph 7 of the

             application, being CAN 2 of 2022. The heirs of the

             deceased did not join with the appellants in filing the

             present appeal and as such their names have been

             incorporated as proforma respondents in the cause title of

the memorandum of appeal. To bring the heirs of the

plaintiff no.4 on record the present application being CAN

2 of 2022 has been filed.

Upon hearing Mr. Mukherjee and considering the

materials on record, the application being CAN 2 of 2022

is allowed and the heirs of the plaintiff no.4 are brought

on record.

The application being CAN 2 of 2022 is, accordingly,

disposed of.

In re: CAN 1 of 2022

Let the hearing of the appeal be expedited.

The appellants are directed to put in the requisites

for service of notice of appeal upon the respondents

within two weeks from date.

Lower Court records be called for through Special

Messenger at the cost of the appellants. Such cost shall

be deposited within two weeks from date.

It is made clear that before sending the Lower

Court Records, the Registry of the learned Court below

shall ensure that the names of the heirs of the plaintiff

no.4 are incorporated in place and instead of the plaintiff

no.4, in the decree.

Office is directed to send down the certified copy of

the decree to the learned Court below along with a copy of

this order immediately. A photostat copy of the certified

copy of the decree shall be retained on record.

Immediately, after arrival of the Lower Court

Records, the office shall examine the same and, if found

complete shall issue notice of arrival of Lower Court

Records to the learned advocate for the appellants.

The appellants are directed to prepare and file

requisite number of informal paper books-printed,

typewritten or cyclostyled, as the case may be out of

Court, within four weeks from the date of service of notice

of arrival of Lower Court Records and shall file the same

after serving a copy thereof upon the learned advocates

appearing for the respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellants shall incorporate all relevant documents in the

informal paper books.

The application being CAN 1 of 2022 is, accordingly,

disposed of.

Liberty to mention.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)