Calcutta High Court (Appellete Side)
Smt. Kajal Rani Mallick vs Srimatya Arati Guchhait & Ors on 26 April, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 (17) 26.04.2017
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1013 of 2015 (CAN 307 of 2017) (substitution) with CO 1014 of 2015 (CAN 308 of 2017) (substitution) Smt. Kajal Rani Mallick
-versus-
Srimatya Arati Guchhait & ors.
With Smt. Kajal Rani Mallick
-versus-
Sri Prabir Guchait & ors.
Re : CAN 307 of 2017 (substitution).
Mr. Raghunath Das ... for the petitioner Mr. Soumen Kumar Dutta ... for the opposite parties This application has been filed for recording the death of the proforma opposite party no. 8, Rohini Kumar Bag, who was the plaintiff in the suit. The proforma opposite party no. 8 has died on November 22, 2016 and the present application has been filed within time. The heirs and legal representatives of the proforma opposite party no. 8 who are sought to be brought on record in this application are all major, sui juris and of sound mind. 2 Accordingly, the department is directed to carry out the necessary amendment in the cause title of the revisional application by recording the death of the proforma opposite party no. 8 and by substituting his heirs and legal representatives, particularly stated in paragraph 16 of the petition. With the above directions, CAN 307 of 2017 stands disposed of. Re : CAN 308 of 2017 (substitution).
This application has been filed for recording the death of the proforma opposite party no. 3, Rohini Kumar Bag, who was the plaintiff in the suit. The proforma opposite party no. 3 has died on November 22, 2016 and the present application has been filed within time. The heirs and legal representatives of the proforma opposite party no. 3 who are sought to be brought on record in this application are all major, sui juris and of sound mind. Accordingly, the department is directed to carry out the necessary amendment in the cause title of the revisional application by recording the death of the proforma opposite party no. 3 and by substituting his heirs and legal representatives, particularly stated in paragraph 16 of the petition. With the above directions, CAN 308 of 2017 stands disposed of. Let, both the revisional applications, being CO 1013 of 2015 and CO 1014 of 2015 along with CO 3968 of 2014 appear in the list on May 4, 2017 under the heading "Contested Application".
(Ashis Kumar Chakraborty, J.)