(State Of West Bengal vs Subhash Ray
2023 Latest Caselaw 2626 Cal

    3
17.04.2023
Ct. No. 32
   rrc


                                  FAT 605 of 2019
                                        with
                                IA No. CAN 3 of 2022
                                        with
                                IA No. CAN 4 of 2022


                        (State of West Bengal Vs. Subhash Ray
                                     Chowdhury)


                Mr. Hare Krishna Halder
                                                  ..... For the appellant/State


                Mr. Debayan Bera
                Mr. Santi Prasad Chakrabarti
                                            ..... For the respondent

On the prayer of Mr. Bera, learned advocate

appearing for the respondent, the application being CAN

4 of 2022 is dismissed as not pressed.

Mr. Bera submits that the application being CAN 3 of

2022 has been filed for addition of parties in place of the

deceased respondent no. 2. The parties are the heirs of

the said respondent no. 2, who expired on 4th April,

2019, after the decree was passed on 13th April, 2018.

He further submits that the applicants were not

aware about the pendency of the appeal. In the learned

Executing Court, on 1st April, 2022, the judgment debtor

disclosed the number of the appeal and immediately

thereafter the present application was filed.

Mr. Halder, learned advocate for the appellant is

present.

Upon hearing the learned advocates and considering

the materials on record, the application being CAN 3 of

2022 is allowed.

The legal heirs of the respondent no. 2, whose names

have been incorporated in paragraph 2 of the application,

be added.

Office is directed to effect necessary correction in the

cause title of the memorandum of appeal.

The application being CAN 3 of 2022 is, accordingly,

disposed of.

(Rai Chattopadhyay, J.) (Tapabrata Chakraborty, J.)