Calcutta High Court (Appellete Side)
Golam Kibria Mallik vs Sk. Amir Ali & Ors on 16 December, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 (28) 16.12.2019
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO No. 2311 of 2006 With CAN 6826 of 2019 (restoration) With CAN 6831 of 2019 (Sec. 5) With CAN 10311 of 2019 (substitution) With CAN 10342 of 2019 (Sec. 5) With CAN 10312 of 2019 (substitution) With CAN 10343 of 2019 (Sec. 5) With CAN 10314 of 2019 (substitution) With CAN 10344 of 2019 (Sec. 5) With CAN 10315 of 2019 (substitution) With CAN 10345 of 2019 (Sec. 5) Golam Kibria Mallik
-versus-
Sk. Amir Ali & ors.
Mr. Animesh Das, Mr. Sk. Mahammed Ali, ... for the petitioner.
Re : CAN 6826 of 2019 and CAN 6831 of 2019.
Affidavit of service filed in Court today be kept with the record. 2 CAN 6826 of 2019 is an application for restoration of the revisional application which was dismissed for default on April 22, 2016 and CAN 6831 of 2019 is an application for condonation of delay in filing the said application for restoration.
Perused the application for condonation of delay, sufficient explanations have been offered by the petitioner for not filing the said application for restoration within the prescribed period of limitation, the said delay is therefore condoned.
Perused the application for restoration. It appears that the petitioner was prevented by sufficient cause from appearing before the Court when the matter was called on for hearing.
The order dated April 22, 2016 is therefore recalled. CO 2311 of 2006 is restored to its original file and number. CAN 6826 of 2019 and CAN 6831 of 2019 are thus allowed. No order as to costs. Re : CAN 10311 of 2019 & CAN 10342 of 2019.
CAN 10311 of 2019 is an application for substitution of the heirs and legal representatives of the deceased opposite party no. 6 Abdul Hai Mallick in the present revisional application.
The said opposite party no. 6 died intestate during the pendency of the present revisional application. The date of death since was not disclosed in the said application, Mr. Animesh Das, learned advocate appearing for the petitioner, files a supplementary affidavit disclosing the said date of death of the said deceased opposite party no. 6 as December 09, 2011, which is taken on record.
CAN 10342 of 2019 is an application for condonation of delay for filing the said application for substitution.
3
On perusal of the applications and the supplementary affidavit thereto, it appears that sufficient explanations have been offered justifying the delay in filing the application for substitution.
The application for substitution is otherwise in form, therefore, the said application is allowed on condonation of delay.
Let the heirs and legal representatives of the deceased opposite party no. 6 whose particulars have been set out in paragraph 2 of the application for substitution be substituted in place and stead of the said deceased opposite party no. 6.
The department is directed to carry out necessary amendment in the cause title of the revisional application.
CAN 10342 of 2019 and CAN 10311 of 2019 are thus allowed. No order as to costs. Re : CAN 10312 of 2019 and CAN 10343 of 2019.
CAN 10312 of 2019 is an application for substitution of the heirs and legal representatives of the deceased opposite party no. 2/Islam Mallick in the present revisional application.
The said opposite party no. 2 died intestate during the pendency of the present revisional application. The date of death since was not disclosed in the said application, Mr. Animesh Das, learned advocate appearing for the petitioner, files a supplementary affidavit disclosing the said date of death of the said deceased opposite party no. 2 as December 31, 2016, which is taken on record.
CAN 10343 of 2019 is an application for condonation of delay for filing the said application for substitution.
4
On perusal of the applications and the supplementary affidavit thereto, it appears that sufficient explanations have been offered justifying the delay in filing the application for substitution.
The application for substitution is otherwise in form, therefore, the said application is allowed on condonation of delay.
Let the heirs and legal representatives of the deceased opposite party no. 2 whose particulars have been set out in paragraph 2 of the application for substitution be substituted in place and stead of the said deceased opposite party no. 2.
The department is directed to carry out necessary amendment in the cause title of the revisional application.
CAN 10343 of 2019 and CAN 10312 of 2019 are thus allowed. No order as to costs. Re : CAN 10314 of 2019 and CAN 10344 of 2019.
CAN 10314 of 2019 is an application for substitution of the heirs and legal representatives of the deceased opposite party no. 7/Abdul Shukur Mallik in the present revisional application.
The said opposite party no. 7 died intestate during the pendency of the present revisional application. The date of death since was not disclosed in the said application, Mr. Animesh Das, learned advocate appearing for the petitioner, files a supplementary affidavit disclosing the said date of death of the said deceased opposite party no. 7 as June 30, 2009, which is taken on record.
CAN 10344 of 2019 is an application for condonation of delay for filing the said application for substitution.
5
On perusal of the applications and the supplementary affidavit thereto, it appears that sufficient explanations have been offered justifying the delay in filing the application for substitution.
The application for substitution is otherwise in form, therefore, the said application is allowed on condonation of delay.
Let the heirs and legal representatives of the deceased opposite party no. 7 whose particulars have been set out in paragraph 2 of the application for substitution be substituted in place and stead of the said deceased opposite party no. 7.
The department is directed to carry out necessary amendment in the cause title of the revisional application.
CAN 10344 of 2019 and CAN 10314 of 2019 are thus allowed. No order as to costs. Re : CAN 10315 of 2019 and CAN 10345 of 2019.
CAN 10315 of 2019 is an application for substitution of the heirs and legal representatives of the deceased opposite party no. 3/Amzer Ali Mallick in the present revisional application. The said opposite party no. 3 died intestate during the pendency of the present revisional application. The date of death since was not disclosed in the said application, Mr. Animesh Das, learned advocate appearing for the petitioner, files a supplementary affidavit disclosing the said date of death of the said deceased opposite party no. 3 as August 18, 2013, which is taken on record.
CAN 10345 of 2019 is an application for condonation of delay for filing the said application for substitution.
6
On perusal of the applications and the supplementary affidavit thereto, it appears that sufficient explanations have been offered justifying the delay in filing the application for substitution.
The application for substitution is otherwise in form, therefore, the said application is allowed on condonation of delay.
Let the heirs and legal representatives of the deceased opposite party no. 3 whose particulars have been set out in paragraph 2 of the application for substitution be substituted in place and stead of the said deceased opposite party no. 3.
The department is directed to carry out necessary amendment in the cause title of the revisional application.
CAN 10345 of 2019 and CAN 10315 of 2019 are thus allowed. No order as to costs. Put up the revisional application in the combined monthly list of January, 2020 under the heading 'Civil Revision Old'.
The petitioner is directed to communicate this order to all the opposite parties by speed post with acknowledgement due and to file affidavit of service on the next date of hearing.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with requisite formalities.
(Biswajit Basu, J.)