The Parsi Zoroastrian Association vs Prochy N. Mehta And Ors
2026 Latest Caselaw 2649 Cal/2

Calcutta High Court

The Parsi Zoroastrian Association vs Prochy N. Mehta And Ors on 6 April, 2026

Author: Debangsu Basak

Bench: Debangsu Basak

O-17
                                ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                           Civil Appellate Jurisdiction
                                ORIGINAL SIDE

                                APO/139/2023
                              With CSOS/1/2017
                              IA No. GA/1/2023

                 THE PARSI ZOROASTRIAN ASSOCIATION
                                -VS-
                     PROCHY N. MEHTA AND ORS.


BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
             -AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI

Date: April 6, 2026.
                                                                          Appearance:
                                                         Mr. Phiroze Edulji, Sr. Adv.
                                                            Ms. Samira Grewal, Adv.
                                                  Mr. Aritra Ranjan Dutta Roy, Adv.
                                                                  ...for the appellant

                                                       Ms. Ajeeya Chowdhury, Adv.
                                                            Mr. Debayan Sen, Adv.
                                                               Mr. Niket Ojha, Adv.
                                                               ...for the respondent

The Court : Appeal is directed against the judgment and order dated

May 11, 2023 passed in two applications.

In an originating summons proceeding, plaintiffs is filed an

application for amendment of the plaint by recording the death of the

defendant no.1 and adding the names of the two new trustees as defendant

no.1A and 1B.

The appellant filed an application being GA/8/2023 praying for

dismissal of the originating summons proceeding as abated, since the

plaintiff therein did not take any steps for recording the death of the

defendant no.1 and for substitution.

The impugned judgment and order disposed of both the two

applications. Learned single Judge, allowed the application for substitution

and dismissed the application for dismissal of the originating summons

proceeding.

Appellant will prepare informal paper book incorporating all papers

used before the learned single Judge, in respect of both the proceedings.

Such paper book be filed within three weeks from date.

List the appeal in the monthly list of May, 2026.

Appellant will serve cause papers of the present appeal on all the

non appearing parties to the originating summons proceeding in the

meantime.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

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