(Shyam Sundar Nandi vs Nani Gopal Nag & Ors.)
2023 Latest Caselaw 3357 Cal

   10
11.05.2023
Ct. No. 32
   rrc


                                  FAT 22 of 2022
                                        with
                                IA No. CAN 1 of 2022
                                        with
                                IA No. CAN 2 of 2022

                 (Shyam Sundar Nandi Vs. Nani Gopal Nag & Ors.)


                Mr. Debjit Mukherjee
                Ms. Susmita Chatterjee
                Mr. Kaustav Bhattacharya
                                        ..... For the appellant


                                Re: IA No. CAN 2 of 2022

                This application has been filed praying for leave to

             prefer the present appeal against the legal heirs of

             deceased respondent no. 6 along with other respondents.

Mr. Mukherjee, learned advocate appearing for the

appellant/applicant submits that the suit was dismissed

by a judgment and decree dated 30th June, 2018 and the

respondent no. 6 died intestate on 23rd October, 2020

leaving behind the legal heirs as detailed in paragraph 5

of this application and this appeal has been filed on 28th

January, 2022. He submits that legal heirs of the

respondent no. 6 have already been arrayed as

respondents in the cause title of the memorandum of

appeal.

As the respondent no. 6 expired after decree was

passed, but before the appeal was filed, leave is granted

to prefer the appeal against the heirs of the deceased

respondent no. 6.

The application being CAN 2 of 2022 is, accordingly,

disposed of.

The appellant is directed to serve copies of the

application being CAN 1 of 2022 upon all the

respondents intimating that the matter will be taken up

for further consideration on 19th June, 2023 and to file

an affidavit-of-service on the returnable date.

List the matter, accordingly, on 19th June, 2023.

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