Calcutta High Court
Smt. Rukmani Devi Bangur And Ors vs The Joint Director Of Industries on 30 January, 2024
OD-9
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA No. GA/2/2023
In CS/75/2020
SMT. RUKMANI DEVI BANGUR AND ORS
VS
THE JOINT DIRECTOR OF INDUSTRIES
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : January 30, 2024.
Appearance:
Ms. Usha Doshi, Adv.
Ms. Priyanka Gope, Adv.
...for the plaintiff Ms. Noelle Banerjee, Adv.
Mr. P. Sinha, Adv.
Mr. Shourya Samanta, Adv.
...for the state The Court: The plaintiff has filed an application being GA/2/2023 praying for recording the death of the plaintiff no.2 and substituting the executor of the alleged last Will and Testament of Smt. Pushpa Devi Bangur who was plaintiff no.2 in the instant suit.
Counsel for the defendant submits that the plaintiff no.2 is having other legal heirs other than the executor of the last Will and Testament but the plaintiff has not taken any steps for substitution of the other legal heirs of Smt. Pushpa Devi Bangur but only filed an application for recording the death of the plaintiff no.2 and substituting the name of the executor of the last Will and Testament of Smt. Pushpa Devi Bangur.
Considered the prayer made by the counsel for the respective parties.2
This Court finds that the executor can be substituted but since the other legal heirs of the deceased plaintiff no.2 are available, they should also be given an opportunity to be substituted in place of the plaintiff no.2 but the learned counsel for the plaintiff did not take any steps for substitution of the other legal heirs of the plaintiff no.2. As such the application filed by the plaintiff being GA/2/2023 is not maintainable. Accordingly, the same is dismissed.
(KRISHNA RAO, J.) sp3