Sujata Jalan vs Smt. Kanak Himatsingka And Ors
2024 Latest Caselaw 2101 Cal/2

Calcutta High Court

Sujata Jalan vs Smt. Kanak Himatsingka And Ors on 19 June, 2024

OD-44

                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE

                            IA No. GA/1/2023
                                    In
                               CS/83/2022

                           SUJATA JALAN
                                -VS-
                  SMT. KANAK HIMATSINGKA AND ORS.

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date : June 19, 2024.

Appearance:

Mr. Zeeshan Haque, Adv.

Mr. Kaushik Banerjee, Adv.

Ms. Rashmita Sen, Adv.

...for the plaintiff

Mr. Anuj Singh, Adv.

Mr. Saubhik Chowdhury, Adv.

Mr. Tanishq Pathak, Adv.

...for the defendant

The Court: Mr. Zeeshan Haque, learned advocate, is appearing for

the plaintiff and Mr. Anuj Singh, learned advocate, is appearing for the

defendant.

The plaintiff has filed an application being GA/1/2023 praying for

judgment upon admission.

Counsel for the defendant submits that the said application was

served upon the original defendant and has filed affidavit-in-opposition but

during the pendency of the application, the original defendant died and

subsequently legal heirs have been substituted.

Now the counsel for the defendant submits that the legal heirs

may be allowed to file affidavit-in-opposition in connection with GA/1/2023

as there is a point of law whether the admission made by the original

defendant can be taken as an admission by the legal heirs.

In view of the above, substituted legal heirs of the original

defendants are allowed to file their affidavit-in-opposition within two weeks

from date. Reply thereto, if any, be filed within a week thereafter.

It is found from the record though the plaintiff has taken steps for

recording death of the defendant no.1 and substituting the legal heirs of the

defendant no.1 but has not recorded the death of the defendant no.1 and

substituted the legal heirs in the present application being GA/1/2023.

Accordingly, the department is directed to record the death of the

defendant no.1 and substitute the legal heirs of the defendant no.1 as that

of the suit.

List the matter on 18th July, 2024.

(KRISHNA RAO, J.)

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