Calcutta High Court (Appellete Side)
Nirmal Kumar Mukherjee vs Punjab & Sind Bank & Ors on 22 November, 2016
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1 22.11.2016
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d.p.
C.O. 51 of 2008 Nirmal Kumar Mukherjee Versus Punjab & Sind Bank & Ors.
Mr. Subhasis Pal.
...For the Petitioner.
Sole petitioner viz. Nirmal Kumar Mukherjee died on 7th December, 2012. An application for substitution has been taken out for substituting the executor to the Will left by the sole petitioner during his lifetime. The application for condonation of delay has also been filed.
In our view, the application for substitution is within time as the limitation for filing such an application in connection with the revisional application is three years from the date of death.
As such, the application under Section 5 of the Limitation Act is redundant.
On perusal of the application for substitution, we find that the applicant has not made any prayer for bringing the legal heirs of the deceased on record by way of substitution.
Having regard to the fact that the Will of the said deceased still remain unprobated, we are of the view that in view of the decision of the Hon'ble Supreme Court in the case of Naraindas Lilaram Adnani -vs- Narsingdas Naraindas Adnani & Ors. reported 2 in 1995(1) supp. SCC 312, the natural heirs and legal representatives of the said deceased are also required to be added in addition to the executor appointed under the Will left by the testator.
Thus, on the prayer of Mr. Pal, learned advocate appearing for the petitioner, we adjourn the hearing of this application for two weeks for enabling him to take necessary steps in the meantime.
(Jyotirmay Bhattacharya, J.) (Ishan Chandra Das, J.)