Calcutta High Court (Appellete Side)
Monindra Kumar Roy & Ors vs Sudhir Kumar Saha & Ors on 23 March, 2023
Author: Soumen Sen
Bench: Soumen Sen
03 23.3.2023
Sc Ct. no.8
FA 47 OF 2013
with
I.A. No. CAN 4 OF 2023
with
I.A. No. CAN 5 OF 2023
(Application for recording death
and deletion of the name of the
original respondent no.2)
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Monindra Kumar Roy & Ors.
Vs. Sudhir Kumar Saha & Ors.
Ms. Sohini Chakraborty Mr. Arijit Sarkar.
... For the Appellant Mr. Asit Kr. Routh Mr. Tulsi Das Ray Ms. Sila Sarkar.
.... For the Respondents Re : I.A. No. CAN 5 OF 2023
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Leave is granted to correct the paragraph 6 and the prayer portion of the application as Dwijendra Nath Saha has been wrongly described as the respondent no.2 in the second sentence of the paragraph 6 and in the prayer portion of the application.
This is an application for recording the death of late Dwijendra Nath Saha, appellant no.2 during the pendency of this appeal and for deletion his name from the cause title of the Memorandum of Appeal.
It is stated that Dwijendra Nath Saha was one of the Sebaits of "Sri Sri Braja Jugal" and the appellant no.2 had contested the said proceeding in the capacity as 2 Sevait of the said Deity and, accordingly, upon his death the right to sue does not survive upon his heir and/or legal representatives.
In view thereof, this application is allowed. I.A. No. CAN 5 of 2023 stands disposed of. Office The department is directed to record the death of Dwijendra Nath Saha, the appellant no.2, in the Memorandum of Appeal and all related court papers within ten days from date.
Re : I.A. No. CAN 4 OF 2023
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Since the paper book has already been filed, the appeal shall be listed for hearing in the Combined Monthly List of April, 2023.
In view thereof, the application, I.A. No. CAN 4 of 2023 stands disposed of.
(Soumen Sen, J.) (Uday Kumar, J.)