Calcutta High Court (Appellete Side)
Samit Kumar Banerjee vs Kamal Kumar Banerjee & Ors on 27 April, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1 4.2017 6 In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O.3514 of 2013 with CAN 3751 of 2016 with CAN 3752 of 2016 Ganesh Banerjee alis Samit Kumar Banerjee
-Versus-
Kamal Kumar Banerjee & Ors.
Mr. Amit Baran Dash ........for the petitioner.
In Re: CAN 3751 of 2016 In this application, the petitioner has prayed for recording the death of the opposite party no.2, who died intestate during the pendency of the revisional application leaving behind the opposite party no.3, her son as sole heirs and legal representative.
An affidavit of service has been filed on behalf of the petitioner to the effect that when a copy of this application was tendered to him by way of personal service, but he refused to accept the service.
Let the affidavit of service filed on behalf of the petitioner be kept with the record.
Having considered the facts of the case, I find that when the opposite party no.2 died intestate leaving behind the opposite party no.3 as the sole heir and legal representative, this application should be allowed. 2 Accordingly, the department is directed to carry out the necessary amendment in the cause title of the revisional application, by recording the death of opposite party no.2 and the fact that the opposite party no.3 is her sole heir and legal representative.
With the above direction, CAN 3751 of 2016 stands disposed of.
(Ashis Kumar Chakraborty, J.)