Surjya Kanta Mal And Ors vs Sandhyarani Jana And Ors
2023 Latest Caselaw 971 Cal

06.02.2023
 KC(9)
                              S.A.T. 279 of 2019
                          Surjya Kanta Mal and Ors.
                                   -versus-
                          Sandhyarani Jana and Ors.
                                     With
                   CAN 1 of 2019 (Old CAN No. 9857 of 2019)


             Mr. Ganesh Shrivastava,
             Mr. Sukanta Das.......................For the appellants.


                   We admit this appeal on the following substantial

             questions of law:

                   I.     Whether the suit was bad for mis-joinder of

                          parties and causes of action, inasmuch as

                          each of the 28 defendants has an individual

                          and separate share in the subject property?

                   II.    Whether    the   impugned     judgment    and

                          decree is a nullity for the reason that the

                          plaintiff did not take steps after the death of

                          the defendant nos. 16 and 29 during the

                          pendency of the suit, thereby resulting in a

                          decree against dead defendants?

                   III.   Whether    the   impugned     judgment    and

                          decree could have been passed in the wake

                          of the Supreme Court interim order in the

                          appeal/special leave petition against the

                          judgment and order in Paschim Banga

                          Bhumijibi Krishak Samity and Ors. -vs-
                                2




        State of West Bengal and Ors., reported in 1996

        WBLR (Cal.) 242?

        Advocate-on-record for the appellants will cause

to be served an appropriate notice of appeal on the

respondents by 20th February, 2023.

Transmission of lower court record is dispensed

with for the time being. We may call for those records if

required at the time of hearing of the appeal.

Advocate-on-record for the appellants will

prepare an informal paper book and file the same

in this Court by 15th March, 2023. A copy of the

paper book shall be served on the advocate-on-

record for the respondents at least seven days before

the date fixed for hearing of the appeal.

List the appeal for hearing on 4th April, 2023.

Re: CAN 1 of 2019 (Old CAN No. 9857 of 2019).

Considering the prima facie case and the balance

of convenience we direct that there shall be stay of

execution of the impugned judgment and decree till 28th

February, 2023 or until further order, whichever is

earlier.

The application which is required to be heard by a

learned single judge be sent to the appropriate court for

consideration subject to his lordship's convenience.

(BISWAROOP CHOWDHURY, J.) (I.P. MUKERJI, J.)