Dipak Kumar Das vs Ranjit Kumar Das & Ors
2023 Latest Caselaw 6661 Cal

03.10.2023                            IN THE HIGH COURT AT CALCUTTA
                                       CIVIL APPELLATE JURISDICTION
Court         : 04                            APPELLATE SIDE
Item          : 01
Matter        : SA
Status        : OP
Bench ID      : 266048                          SA 32 of 2021
Transcriber   : NANDY
                                             CAN 1 (5634) of 2016
                                                CAN 2 of 2021
                                                CAN 3 of 2022

                                              Dipak Kumar Das
                                                     Vs.
                                           Ranjit Kumar Das & Ors.

                         Mr. Indrajeet Dasgupta, Advocate
                                                         ......for the Appellants/Petitioners
                         Mr. Susanta Pal, Advocate
                         Ms. Ananya Neogi, Advocate
                                         ......for the substituted respondent Nos. 1(c) & 2(b)

CAN 2 of 2021

1. The application for substitution was taken out to bring the legal representatives of deceased respondent nos. 1 and 2 without indicating the date of death. The supplementary affidavit filed in Court today, reveals the dates of death of both the respondents as 28.07.2020 and 18.08.2020 respectively.

2. It is indicated that the aforesaid respondents died during the COVID period and in view of the judgment rendered by the Supreme Court extending the period of limitation, the application for substitution shall be treated to have been filed within the period of limitation. There is no ambiguity in this regard as the application for substitution was taken out on 18.02.2021 when the order of the Supreme Court extending the period of limitation was in vogue.

3. In view of the above, the application for substitution is allowed. CAN 2 of 2021 is accordingly disposed of.

4. The heirs and legal representatives of the aforesaid respondents as disclosed in paragraphs 12 and 13 of the aforesaid application be substituted in place and stead of the respective deceased.

5. Mr. Guddu Singh, learned Advocate appears along with Mr. Susantal Pal and Ms. Ananya Neogi, and submits that they have instruction to appear on behalf of the substituted respondents and undertakes to file 'Vakalatnama' through Ms. Ananya Neogi, in course of this week.

6. Since the learned Advocates for the aforesaid substituted respondents have already entered appearance, the service of notice of appeal upon the substituted respondents, is waived.

7. In view of the above, a copy of the application being CAN 1 (5634) of 2016 be served upon the learned Advocate who represents the legal representatives of the deceased respondents, in course of this week.

CAN 3 of 2022

8. This is an application for effecting the service in a substituted manner upon the heirs and legal representatives of the aforesaid deceased respondents.

9. Since the learned Advocate for the substituted respondents has approached the learned Advocate for the appellant and an order is passed hereinabove to serve the copy of the application being CAN 1 (5634) of 2016 upon them, the instant application being CAN 3 of 2022 has become infructuous and dismissed as such.

10. Let the application being CAN 1 (5634) of 2016 be listed in the next week.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)