Rashid Ali Khan vs Sk. Aminuddin
2022 Latest Caselaw 7291 Cal

S/L 41
31.10.2022
Court No.652
SD
                                      SA 459 of 1990
                                          With
                                      CAN 3 of 2022

                                    Rashid Ali Khan
                                           Vs.
               Sk. Aminuddin, since deceased, represented by his heirs and
                    legal representative, Sk. Unus Hossain & Ors.


               Mr. Khairul Alam
                                                            ... for the Appellant.

                      Learned counsel appearing on behalf of the appellant

               submits that he has served notice upon the respondents.

Respondents are not represented.

The appeal has been preferred challenging the judgment

and decree dated July 22, 1989. The appellant states that the

predecessor-in-interest of the applicant/petitioner, namely, Sk.

Jalaluddin, the defendant no.2 died on May 1, 2015 leaving

behind the present applicants as his only heirs and legal

representatives.

The appellant further submits that no summons were

served upon their predecessor-in-interest that is the defendant

no.2 when the said suit was heard and decided. He further

submits that since this is a suit for partition, the applicants are

the necessary parties in the instant appeal and the appeal is

required to be disposed of in their presence.

He further submits that they came to know for the first

time about the suit on October 18, 2019.

Considering the facts and circumstances and the nature

of the case involved in the present proceeding, let the

applicants be added as a party in this appeal.

Department is directed to incorporate the necessary

corrections.

Accordingly, CAN 3 of 2022 is disposed of.

Let the second appeal appear in the second week of

January 2023.

(Ajoy Kumar Mukherjee, J.)