Kajal Kumar Dey v. State Of Tripura And ORS

Case No :CMAppl(FA) 0000093/2015 Party Name : KAJAL KUMAR DEY Vs STATE OF TRIPURA & ORS THE HONBLE MR. JUSTICE S.C.DAS By filing this petition, the petitioner prayed for correction in the Cause Title of the common judgment in LA Appeal Nos. 44 of 2012 and 52 of 2012 in respect of names of the respondents.

Heard learned counsel Mr. T.K.Dey for the petitioners and learned counsel Mr. N. Majumder for the respondent-O.Ps.

It is submitted that in L.A. Appeal No. 44 of 2012, respondent Nos. 2 and 3 Sankar Chandra Dey and Pradip Kumar Dey died during pendency of the appeal and their legal heirs have been substituted but in the title head of the judgment of L.A. App.44 of 2012, the names of legal heirs of Respondent Nos. 2 and 3 have not been mentioned, whereas the names of original deceased respondent Nos. 2 and 3 have been mentioned.

It is also submitted that the name of respondent No.1 is Dilip Kumar Dey whereas in the judgment the name of respondent No.1 has been typed as Kajal Kumar Dey which is wrong.

Since it is a mistake apparent on the face of the record, the same may be corrected and accordingly it is hereby ordered that in the cause title of L.A. Appeal No. 44 of 2012 in respect of respondent No.1, the correct name Dilip Kumar Dey in place of Kajal Kumar Dey shall be read.

In place of respondent No.2 Sankar Chandra Dey his legal heirs namely Smt. Sheuli Dey shall be read as respondent 2(a), Deep Raj De shall be read as respondent No. 2(b) and Nabamita Dey (Acharjee) shall be read as respondent 2(c).

In place of respondent No.3, Pradip Kumar Dey, his legal heirs namely Smt. Rekha Dey shall be read as respondent No. 3(a) and Sri Subha Pratim Dey shall be read as respondent 3(b).

Similarly in the cause title of L.A. App. No. 52 of 2012, the names of respondent Nos. 4 and 5 have not been typed through mistake. The name of respondent No.2(c) has been typed as Smt. Nabanita Dey(Acharjee), the correct name of respondent No. 2(c) shall be read as Smt. Nabamita Dey (Acherjee).

The name of Sri Tapan Kumar Dey and the name of Sri Kajal Kumar Dey shall be read in the cause title of LA App.No.52 of 2012 as respondent Nos. 4 and 5.

The necessary corrections accordingly be made and read. The CM application accordingly stands disposed of. Download Date: 8-05-2017 16:05 1/1