Debonair Vanijya Pvt. Ltd vs Eshrat Jahan Also Known As Ishrat Jahan & ...
2024 Latest Caselaw 1805 Cal/2

Calcutta High Court

Debonair Vanijya Pvt. Ltd vs Eshrat Jahan Also Known As Ishrat Jahan & ... on 14 May, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                        IA No: GA 2 of 2024
                        APO No. 54 of 2023
                                with
                         CS No. 43 of 2020
                IN THE HIGH COURT AT CALCUTTA
                         In appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION


                     Debonair Vanijya Pvt. Ltd.
                               Versus
           Eshrat Jahan also known as Ishrat Jahan & Anr.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 14th May 2024

                                                               Appearance:
                                              Mr. S. N. Mitra, Sr. Advocate
                                          Mr. Sankarsan Sarkar, Advocate
                                               Mr. Shayak Mitra, Advocate
                                          Mr. Mehboob Rahman, Advocate
                                                          for the appellant
                                       Mr. Shyamal Chakraborty, Advocate
                                           Mr. Debajyoti Mondal, Advocate
                                           Mr. Jayanta Kr. Dhar, Advocate
                                             Ms. Manju Jaiswal, Advocate
                                                     for respondent no. 2

The Court: An unusual set of facts has arisen in this matter.

We disposed of this appeal on 5th February 2024. The appeal had been

filed on 24th April 2023. Right from the time of pendency of the appeal

till its disposal on the above date this court was not informed that the

respondent no.1, Eshrat Jahan, had died on 17th June 2023.

By our said judgment and order we agreed on points of law

but differed on certain factual matters which in due course were

referred to the Hon'ble third judge.

On 18th April 2024, the appellant took out this application

alleging that the second respondent had committed fraud on this court

by suppressing the death of the first respondent. Furthermore, it is

submitted that our judgment and order dated 5th February 2024 is a

nullity as on the date the appeal was heard and order passed one of

the two respondents was dead.

Mr. Chakraborty, learned advocate for the respondent no.2

submits that the appeal had not abated by reason of the death of the

respondent no.1.

We propose to hear out the application.

Let affidavits be exchanged according to the following

directions:

Affidavit-in-opposition be filed by 18th June 2024. Affidavit-in-

reply may be filed by 10th July 2024.

List this application on 16th July 2024.

In the meantime, the Hon'ble third judge be informed of this

order and be requested to adjourn the reference before his lordship for

such time as this court is able to take a decision in this application

with regard to the invalidity of the judgment and order dated 5th

February 2024 and other matters.

Moreover, till the disposal of this application no steps will be

taken by the respondents for implementation or execution of the order

dated 5th February 2024. Furthermore, no application for contempt

shall lie till we are able to dispose of this application

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose