Calcutta High Court (Appellete Side)
334/1999 on 13 February, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
1
2014
S.A 334 of 1999
With
CAN 517 of 2014
With
CAN 8397 of 2013
With
CAN 5902 of 2012
With
CAN 9069 of 2011
Mr. Samiran Giri ....For the Appellant
Mr. Supratik Shyamal .... For the Respondent
Re: CAN 517 of 2014 This was an application seeking recording the death of the defendant No. 8 and bring the names of the heirs and legal representatives of the defendant No. 8 on record and for consequential amendment.
The plaintiff has no objection.
Let the death of the defendant No. 8 be recorded. The heirs and legal representatives of the defendant No. 8 are stated in paragraph -7 of the application. The heirs and legal representatives named in paragraph -7 of the application be brought on record. The cause title of the second appeal be amended accordingly.
Let the department carryout the amendment within a period of fifteen days from the date of the order. The application being CAN NO. 517 of 2014 is disposed of. Re: CAN NO. 8397 of 2013 This was an earlier application seeking recording the death of the defendant No. 2. In view of bonafide mistakes in such application, the applicant is not pressing the same.
Accordingly, the application being CAN NO. 8397 of 2013 is dismissed as withdrawn. No order as to costs.
Re: CAN NO. 5902 of 2012 With CAN NO 9069 of 2011 Defendants filed an application being CAN NO. 9069 of 2011. The defendants alleged that they were dispossessed sometime in November 2010. By the application the defendants sought restoration of status quo ante. The 2 application was filed on September 15, 2011, that is, more than ten months from the date of the alleged dispossession. The defendants thereafter filed an application being CAN No. 5902 of 2012 on the ground that they wanted to amend the prayer portion of the first injunction application. The amendment application was filed on June 25, 2012. This time the defendants took about seven months time.
Since I am minded to hear the second appeal on merits and dispose of the same, I think that it would be proper for me to consider the two applications along with the hearing of the second appeal. Therefore, both the applications will be considered along with the second appeal itself.
An application for amendment was earlier allowed for the purpose of recording the death of the defendant No. 8 and bring the names of the heirs and legal representatives.
The second appeal will appear in the list for hearing on 06.03.2014. The appellant will serve notice on the substituted defendant of the instant appeal. It is submitted by the learned Advocate for the appellant that the lower court record has arrived. Let the same be tagged with the second appeal.
(DEBANGSU BASAK, J) 3