Sri Sri Satyanarayan Jiew Thakur & ... vs Bhagwati Prasad Poddar & Ors
2025 Latest Caselaw 1911 Cal/2

Calcutta High Court

Sri Sri Satyanarayan Jiew Thakur & ... vs Bhagwati Prasad Poddar & Ors on 24 June, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-15

                                ORDER SHEET

                            IA No.GA/6/2025
                                   IN
                           CS No. 181 of 2024
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION

     SRI SRI SATYANARAYAN JIEW THAKUR & LAKSHMINARAYAN JIEW
                                VS.
                  BHAGWATI PRASAD PODDAR & ORS.

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 24th June, 2025

                                                                      Appearance:
                                                         Mr. Sourav Mondal, Adv.
                                                            Mz. Parvez Anam, Adv.
                                                        Mr. Swapnodwip Roy, Adv.
                                                         Mr. Altamash Alim, Adv.
                                                                For the petitioner.

                                                    Ms. Debanwita Pramanik, Adv.
                                                          Ms. Antora Panjan, Adv.
                                                    For the respondents/plaintiffs.

The Court: This is an application by the defendant no.2 in this suit for

extension of time to file the written statement. The writ of summons was served

on 20th February, 2025 with a stipulation that the written statement has to be

filed within 21 days from the date of receipt of the writ of summons. The

defendant no.2 has entered appearance on 7 th March, 2025 but could not file

the written statement within the stipulated period. Although the grounds cited

for the delay are not convincing yet for the ends of justice the time to file the

written statement till 27th June, 2025.

The Department, if approached within the extended time period with a

copy of the written statement shall accept the same provided such written

statement is in proper form and order.

The application, IA No. GA 6 of 2025 in CS No. 181 of 2024, is disposed

of.

This extension of time to file the written statement is without prejudice to

the contention of the defendant no.2 that the suit is filed against the defendant

no.1 who has died prior to filing of the suit.

It is also submitted by the defendant no.2 that the ratio of the judgment

reported in 2017 (9) SCC 700 (Pankajbhai Rameshbhai Zalavadiya vs.

Jethabhai Kalabhai Zalavadiya (Deceased) Through Legal Representatives &

Ors.) does not apply to the facts of the instant case. The fact, however,

remains that suit against the dead person cannot be maintained in view of no

cause of action as against the deceased portion is in existence on the date of

institution of the suit but not for abetment. Moreover, where there are more

than one defendant, the suit cannot be dismissed. The defendant is permitted

to take this point in the written statement.

(ARINDAM MUKHERJEE, J.)

snn.