Chayanendra Nath Dash vs Tapas Kumar Das And Ors
2026 Latest Caselaw 1958 Cal/2

Calcutta High Court

Chayanendra Nath Dash vs Tapas Kumar Das And Ors on 17 March, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-14

                               ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE


                               CSOS/10/2025

                        CHAYANENDRA NATH DASH
                                Versus
                       TAPAS KUMAR DAS AND ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 17th March, 2026

Appearance:

Ms. Suparna Mukherjee, Sr. Adv.

Mr. Biswajib Ghosh, Adv.

Mr. Sourajit Dasgupta, Adv.

Ms. Sumitra Das, Adv.

For the plaintiff.

Mr. Aniruddha Chatterjee, Sr. Adv.

Mr. Chayan Gupta, Adv.

Mr. Anujit Mookherji, Adv.

For the defendants.

The Court:- The plaintiff commences argument to counter the point of

maintainability raised by the defendants. Substantial progress has been made

by referring to the affidavit-in-opposition filed by the defendants before the

Appeal Court in connection with APO/57/2025 wherein the order passed in an

intervening application filed by the plaintiff was the subject matter. The

plaintiff by referring to paragraph-6 of the said affidavit and sub-paragraphs

thereunder has contended that the defendants admitted the trust to be one

governed by Indian Trust Act, 1882. Subsequently, the defendants are shifting

their stand to contend that the trust is governed under the Charitable and

Religious Trust Act, 1920.

The plaintiff has also placed before the Court a genealogical table to

demonstrate that he is the grandson of Debendra Nath Dash through one of his

sons namely Chandra Nath Dash and as such is a legal heir and/or legatee of

the settlor Bhola Nath Dash in terms of Rule 1 sub-rule (a) of Chapter-XIII of

the Original Side Rules of this Court since Debendra Nath Dash was one of the

sons of Bhola Nath Dash.

The argument, however, could not be concluded.

Let this matter appear on 25th March, 2026.

(ARINDAM MUKHERJEE, J.)

snn.