Dipen Sen v. Abhoy Pal & ORS

20.07.2021 Item No. 42 Ct. No. 04 PG F.M.A. 3839 of 2016 (Via Video Conference) r Sri Dipen Sen Vs.

Sri Abhoy Pal & Ors.

Mr. Souradipta Banerjee.......for respondents None appears on behalf of appellant. Mr. Banerjee, learned advocate appears on behalf of respondents and submits, his information is that appellant died on 3rd November, 2017.

On 12th July, 2021 following order was made.

"The first miscellaneous appeal tender is of year 2016. It is reported to be in order and listed to be moved for admission. Listing is in physical form. However, none appears on behalf of appellant.

List next Monday i.e. 19th July, 2021.

It is made clear in event appellant continues to go unrepresented on adjourned date or thereafter, the appeal is likely to be dismissed."

Going by information furnished by Mr.

Banerjee, we find no steps were taken for substitution. The appeal has abated.

F.M.A. 3839 of 2016 is dismissed.

(Arindam Sinha, J.)

(Biswajit Basu, J.)