Dipali Dutta & ORS. v. Dilip Paul

29.09.2022 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURICTION APPELLATE SIDE CAN 1 of 2022 with CAN 2 of 2022 in FMA 623 of 2004 Smt. Dipali Dutta & Ors.

Vs.

Dilip Paul & Anr.

Mr. Sanajit Kumar Ghosh ... For the appellants/claimants In re: CAN 1 of 2022 Learned advocate on behalf of the appellants/ claimants is present and submits that this application has been filed for condonation of delay in filing an application for recording the death of the appellant/claimant no.3. Considering the nature of the prayer, the delay is condoned.

The application under Section 5 of the Limitation Act, being CAN 1 of 2022, stands disposed of. In re: CAN 2 of 2022 This application has been filed for recording the death of the appellant/claimant no.3 supported by one death certificate showing the death of Purnima Rani Dutta on 8th September, 2010. It is submitted that other legal heirs are already on record.

In such circumstances, the prayer for recording the death of Purnima Rani Dutta is allowed.

The Department is directed to expunge the name of the appellant/claimant no.3 from the Memorandum of Appeal.

The application, being CAN 2 of 2022, stands disposed of.

Learned advocate for the applicants/claimants is directed to furnish bank account particulars of the surviving claimants to the learned advocate for the Insurance Company within three weeks from date. (Bibhas Ranjan De, J.)