Substituted By Raja Sadhukhan vs Gopal Chandra Sadhukhan)
2023 Latest Caselaw 932 Cal

    14
03.02.2023
 Ct. No. 32
    rrc


                                FA 24 of 2022
                                     with
                   CAN 2 of 2020 (Old No. CAN 2777 of 2020)
                                     with
                               CAN 3 of 2022
                                     with
                               CAN 4 of 2023
                        (Rabindra Nath Sadhukhan, since deceased
                            substituted by Raja Sadhukhan Vs.
                               Gopal Chandra Sadhukhan)

                 Mr. Asit Baran Raut
                 Mr. Tuhin Subhra Raut
                 Ms. Ishita Raut
                                             .... For the appellant

                 Mr. Mukul Lahiri
                 Mr. Victor Datta
                                             ..... For the respondent

Mr. Sanjib Dawn .... For addition of party

Affidavit-of-service filed by Mr. Dawn be kept on

record.

Re: CAN 3 of 2022

This application has been taken out by one

Chandan Kumar Sadhukhan who was appointed as an

administrator in respect of the estate left by testator

Jahar Lal Sadhukhan, since deceased.

One Gopal Chandra Sadhukhan filed an

application for grant of Letter of Administration in

respect of the last will and testament of Jahar Lal

Sadhukhan and the said application was ultimately

registered as OC No. 21 of 2014 and by a judgment

dated 20th June, 2016, the present applicant was

appointed as an administrator in respect of the estate

left by the testator. That order has been impugned in

the appeal. But, at the time of presentation of the

appeal, the applicant herein has not been made party

and hence, he has preferred this application claiming

that his presence is required and if any order is passed

in this appeal, the same shall have a civil consequence

upon him.

Upon hearing the learned advocates appearing for

the respective parties and on perusal of the application

taken out by the applicant herein, we are of the view

that the presence of the applicant is necessary for

proper adjudication of the appeal and accordingly, the

application is allowed.

Let the applicant, namely, Chandan Kumar

Sadhukhan be added as a party respondent in this

appeal.

Office is directed to effect necessary correction in

the memorandum of appeal.

The application being CAN 3 of 2022 is,

accordingly, disposed of.

Re: CAN 4 of 2023

This application has been taken out under Order

41 Rule 27 of the Code of Civil Procedure praying for

leave to adduce additional evidence on behalf of the

appellant. The application shall be heard along with

the appeal.

The parties will be at liberty to exchange their

affidavits in respect of the application in the meantime.

List the appeal for final hearing four weeks hence.

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