Prasun Bhattacharyya vs Smt. Nita Bhattacharyya And Ors
2025 Latest Caselaw 300 Cal/2

Calcutta High Court

Prasun Bhattacharyya vs Smt. Nita Bhattacharyya And Ors on 7 July, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

O-9

                                ORDER SHEET

                               IA NO. GA/2/2025
                                     WITH
                                  EC/277/2019
                                   CS/3/2005
                                       In
                                 APOT/320/2024

                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE


                       PRASUN BHATTACHARYYA
                                 Vs
                  SMT. NITA BHATTACHARYYA AND ORS


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                   AND
  The Hon'ble JUSTICE RAI CHATTOPADHYAY
  Date : 7th July, 2025.


                                                                          Appearance:
                                                      Ms. Chama Mookherji, Sr. Adv.
                                                           Mr. Anujit Mookherji, Adv.
                                                            Ms. Reshmi Nehar, Adv.
                                                                   ..for the appellant

                                                  Mr. Deep Narayan Mukherjee, Adv.
                                                               Mr. Subrata Das, Adv.
                                                           Mr. Debayan Ghosh, Adv.
                                                            ..for the respondent no.1



                           Dictated by Arijit Banerjee, J.

The Court: The appellant passed away on March 13, 2025, during

the pendency of this appeal.

The present application has been taken out by the widow of the

appellant for recording the death of the appellant and bringing on record the

names of the legal heirs of the appellant/defendant no.1(a), namely, Prasun

Kumar Bhattacharyya.

We find from the averments made in the petition that the deceased

appellant is survived by not only his widow, who is the present applicant,

but also two daughters by the names of Aakanksha Bhattacharyya and Palki

Bhattacharyya, as mentioned in paragraph 12 of the petition.

Learned advocate for the respondent/plaintiff says that the cause

title of the present application is defective.

The name of the respondent no.4, Smt. Sweta Banerjee, could not

have been struck off in the manner in which it has been done. The relevant

provisions of the Original Side Rules of this Court have not been followed.

We are of the view that the aforesaid objection is technical in

nature. The fact remains that the name of Sweta Banerjee was struck off

from the array of respondents by the executing Court. Therefore, the cause

title of the judgment and order impugned in the present appeal also shows

the same deletion. We find no material irregularity in this regard.

We, therefore, allow this application.

Let the name of the present appellant be struck off from the cause

title of the appeal papers and the names of the present applicant and the

two daughters of the deceased appellant, as mentioned above, be

substituted in the place and stead thereof.

Let the department carry out the necessary amendment to the

cause title of the appeal papers within a fortnight from date.

Let copies of the amended cause title be made available to learned

advocates for the respondents after the amendment is carried out.

GA/2/2025 is accordingly disposed of.

Let the appeal be listed under the same heading on July 28, 2025.

(ARIJIT BANERJEE, J.)

(RAI CHATTOPADHYAY, J.)

sg