Sri Manik Mondal & Ors vs Sri Ananta Mondal & Ors
2023 Latest Caselaw 578 Cal

18.1.2023

Ct. no. 652 sb CO 586 of 2003 With CAN 3 of 2022

Sri Manik Mondal & Ors.

Vs.

Sri Ananta Mondal & Ors.

Mr. Aniruddha Chatterjee Mr. Saptarshi Kumar Mal Mr. Rishabh Ahmed Khan ...for the Petitioners

Re: CAN 3 of 2022

This is an application for substitution upon setting

aside abatement after condonation of delay.

The petitioners submit that the proforma opposite

party nos. 3,4,5,7 and 10 died leaving behind their legal

heirs. It is submitted that since they did not contest

before the trial court so the petitioners were not aware

about their death. Accordingly, petitioners pray for

substituting their legal heirs, after condonation of delay.

Prayer is considered and allowed.

The department is directed to amend the cause title

of the revisional application after substituting the legal

heirs and representatives of the said deceased proforma

opposite party nos. 3,4,5,7 and 10 as mentioned in

paragraphs 7,8,9,10,11 and 12 of the revisional

application.

Accordingly, CAN 3 of 2022 is disposed of.

Re: C.O. 586 of 2003

The petitioners are directed to serve a copy of the

revisional application upon the substituted opposite

parties through speed post with acknowledgment due and

to file affidavit of service on the next date.

Let the matter appear in the monthly list of March,

2023.

The judgment debtor will be at liberty to seek for an

adjournment on 24.1.2023 before the court below.

(Ajoy Kumar Mukherjee, J.)