Calcutta High Court
Kiran Chandra Barai & Anr vs Partha Sarathy Bhattacharjee on 14 August, 2024
OD-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
ORIGINAL SIDE
TS/14/2018
IN THE GOODS OF:
JYOTI PRAKASH BHATTACHARJEE (DEC)
-AND-
KIRAN CHANDRA BARAI & ANR.
-VS-
PARTHA SARATHY BHATTACHARJEE
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : August 14, 2024.
Appearance:
Ms. Nilanjana Adhya, Adv.
Mr. Rabi Ghosh, Adv.
...for the plaintiffs
Mr. Dhruba Ghosh, Sr. Adv.
Mr. Soumyajit Ghosh, Adv.
Mr. Indranil Karfa, Adv.
Mr. Sumit Dhar, Adv.
...for the defendant
The Court: Ms. Nilanjana Adhya, learned advocate, is appearing for
the plaintiffs.
Mr. Dhruba Ghosh, learned senior advocate, is appearing for the
defendant.
The matter is listed today as 'To Be Mentioned' on the prayer made
by the counsel for the defendant for correction in the judgment dated 25 th
July, 2024.
It is submitted that in the appearance portion the name of the
advocate-on-record of the plaintiffs, namely, Rabi Ghosh, is not recorded.
Simultaneously, the name of the advocate-on-record of the defendant,
namely, Mr. Sumit Dhar, has not been recorded.
Counsel for the defendant further submits that the name of Mr.
'Indranil Karfa' has been wrongly recorded as 'Indrajeet Karfa'.
Counsel for the defendant has also pointed out in page no.2,
paragraph no.3 line no.3 the middle name of the defendant has been wrongly
mentioned as 'Sarathi' instead of "Sarathy".
Counsel for the defendant also pointed out that in page no.11 of the
judgment under the heading Exhibit 8/1 and 8/2, the surname of the testator
has been wrongly recorded as 'Bhattacharya' instead of "Bhattacharjee".
It is also pointed out that at page 23 paragraph 32 line no.8 father's
name of the testator has been wrongly recorded as 'Jyoti Prakash
Bhattacharjee' instead of 'Jyotish Chandra Bhattacharjee' and at page no. 25
at paragraph 35 line no.4 after the word 'has' and before the word 'signed'
'not' is to be incorporated.
Counsel for the defendant further pointed out that at page 26
paragraph 37 line no.2 the name of the father of the testator is wrongly
recorded as 'Jyoti Chandra Bhattacharjee' instead of 'Jyotish Chandra
Bhattacharjee'. Similarly in line no.4 of the said paragraph, the name of the
father of the testator is recorded as 'Jyoti Chandra Bhattacharjee' instead of
'Jyotish Chandra Bhattacharjee' and in paragraph 38 line no.4 'an' is to be
deleted.
Counsel for the defendant also submits that in page no.30 line no.4
'from' has been wrongly recorded as 'form'.
Considered the submission made by the counsel for the defendant.
In the appearance portion of the judgment, the name of "Mr. Rabi
Ghosh" shall be included along with Ms. Nilanjana Adhya for the plaintiffs
and the name of 'Mr. Indrajeet Karfa' shall be read as "Indranil Karfa' and
name of "Mr. Sumit Dhar" may be added as advocate for the defendants.
In paragraph no.3, the name of 'Partha Sarathi Bhattacharjee' shall
be read as 'Partha Sarathy Bhattacharjee'. In page no.11 under the heading
Exhibit 8/1 the name of 'Jyoti Prakash Bhattacharya' shall be read as "Jyoti
Prakash Bhattacharjee" and 8/2 the name of 'Jyotish Chandra Bhattacharya'
shall be read as "Jyotish Chandra Bhattacharjee".
In page 23 at paragraph 32, the name of the father of the testator
shall be read as "Jyotish Chandra Bhattacharjee" instead of 'Jyoti Prakash
Bhattacharjee'. In paragraph 35 at page 25 line no. 4, after the word 'has' and
before the word 'signed', the word 'not' shall be included.
In page 26 at paragraph 37 line nos.2 and 4, the name of the father
of the testator shall be read as "Jyotish Chandra Bhattacharjee" instead of
'Jyoti Chandra Bhattacharjee'
In paragraph 38 line no.4, 'an' is to be deleted.
In page 30 line no.4, the word 'form' shall be read as "from".
Corrections as mentioned above shall be incorporated in the
judgment dated 25th July, 2024 and the decree be drawn accordingly in terms
of the corrected judgment.
(KRISHNA RAO, J.)
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