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Calcutta High Court

Radha Bhusan Bose (Deceased) vs Monidipa Bose on 11 May, 2017

Author: Debangsu Basak

Bench: Debangsu Basak

                             ORDER SHEET
                          GA No. 3544 of 2016
                            PLA No. 39 of 1995
                    IN THE HIGH COURT AT CALCUTTA
               TESTAMENTARY AND INTESTATE JURISDICTION




                            IN THE GOODS OF:
                      RADHA BHUSAN BOSE (DECEASED)
                                 VERSUS
                              MONIDIPA BOSE
                                 VERSUS
                          ANISH ROYCHOWDHURY


  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date : 11th May, 2017.

Appearance:

Mr. Rudrajit Sarkar, Adv.
For the petitioner. Mr. Pradip Sancheti, Adv.
For the Receiver. GA No. 3544 of 2016:
The Court :- This is an application for reconstruction of an application for revocation of a probate already granted.
Neither the probate proceeding nor the application for revocation are available in the records of the Court. The applicant before Court relies upon certain documents which it claims to be the appropriate copies of the cause papers for the purpose of reconstruction of the cause papers. 2
Learned Advocate for the applicant is unable to assist the Court with regard to the provisions for reconstruction appearing in the rules of the Original Side or in the Civil Procedure Code, 1908 or otherwise.
In such circumstances, I find no reason to grant the relief as prayed for.
The Receiver appointed in this proceeding stands discharged. The report filed by him be kept with the record.
Interim orders passed in the proceeding stand vacated. GA No. 3544 of 2016 is disposed of. No order as to costs.
(DEBANGSU BASAK, J.) snn.