Biswanath Mondal And ORS v. Biseswar Nag And ORS.

16.11.2022 SL No.4 Court No.8 (gc) SA 299 of 2007 CAN 1 of 2011 (Old No: CAN 551 of 2011) Biswanath Mondal & Ors.

Vs.

Biseswar Nag & Ors.

The appellants are not represented nor any accommodation is prayed for on their behalf. In terms of our earlier order, administrative notices were attempted to be served upon the respondents.

It appears from the report filed by the department that the respondent Nos.1 to 5, 8, 9 and 11 to 14 could not be served as the postal articles have been returned unserved with the remark "Deceased". However, service was effected on the respondent Nos.6, 7 and 10. Since no attempt has been made to substitute the legal heirs of the deceased respondents, the appeal stands abated.

The second appeal and the application, accordingly, stand dismissed.

However, there shall be no order as to costs. This order shall be immediately communicated to the learned Civil Judge (Junior Division), at Asansol in connection with T.S. No.40 of 1985 for information and doing the needful. This order shall be immediately communicated to the appropriate Court by the Registrar Administration (L&OM) in course of this week for information and doing the needful. (Uday Kumar, J.) (Soumen Sen, J.)