Binod Beahri Manna (Deceased) Repd. By Joydeb Manna & ORS. v. Prafulla Mal (Deceased) Repd. Byharekrishna Mal & ORS.

18.08.2022 KC(9) S.A.T. 20 of 2017 Binod Behari Manna (deceased) represented by Joydeb Manna and Ors.

-versusPrafulla Mal (deceased) Represented by Harekrishna Mal and Ors.

With CAN 1 of 2017 (Old CAN No. 883 of 2017) With CAN 2 of 2022 With CAN 3 of 2022 Mr. Krishna Das Poddar, Mr. Pradip Paul.............................For the appellants. Mr. Jayanta Kumar Das, Ms. Madhumanti Das....................For the respondent nos. 1(a), 1(b) and 3.

This appeal and the connected applications are mis-conceived. Binod Behari Manna, the appellant before the first appellate court died during pendency of the appeal. No step was taken for substitution of his legal heirs and representatives in his place. The learned first appellate court pronounced its judgment and decree, the cause title of the case showing Binod Behari Manna to be the appellant.

We cannot rectify the records.

This appeal and the connected applications are disposed of giving liberty to the appellants to approach the learned court below for rectification of the records. If

such rectification is done, it would be open to the appellants to prefer the appeal on the self-same grounds.

(I.P. MUKERJI, J.) (SUBHENDU SAMANTA, J.)