Sunil Kumarv Nandi v. Suparna Nandi And ORS.

(12) 03.12.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 960 of 2021 Sunil Kumar Nandi -versus- Smt. Suparna Nandi & ors.

Mr. Angshuman Chakraborty, Mr. Prasanta Bishal, ... for the petitioner.

The revisional application is at the instance of the defendant no. 1 in a suit for declaration of title and injunction which is directed against the order no. 155 dated February 2, 2021 passed by the learned Additional District Judge, Fast Track 1st Court, Hooghly in Title Appeal No. 130 of 2006. The appeal Court below by the order impugned has dismissed an application filed by the petitioner for addition of the heirs and legal representatives of the deceased defendant no. 5 in the appeal on the ground that the appeal since has already been abated against the said defendant, his heirs and legal representatives cannot be added in the appeal. This Court does not find any illegality and/or infirmity in the said finding of the appeal Court below warranting interference in the order impugned.

CO 960 of 2021 is dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)