Ranjip @ Rajdeep Ghosh v. Durgadas Ghosh & ORS

02.08.2022 (D/L-08) Ct.-18 (Susanta) C.O. 2528 of 2011 With I.A. No. CAN 2 of 2022 Ranjip @ Rajdeep Ghosh -Vs- Durgadas Ghosh & Ors.

Mr. Aninda Bhattacharya, ... For the Appellant.

Mr. Tarak Nath Halder, Mr. Rajsekhar Basu, Mr. Subrata Bhattacharjee, For the Opposite Party No.2.

Re: I.A. No. CAN 2 of 2022 This is an application for expunging the name of the deceased opposite party no.3, who died intestate during the pendency of the revisional application on January 3, 2016.

The heirs and legal representatives of the said deceased opposite party no.3 are already on record, as such, her name be expunged from the Cause Title of the revisional application.

The department is directed to carry out the necessary amendment in the said Cause Title.

The application being I.A. No. CAN 2 of 2022 is, thus, disposed of without any order as to costs.

Re: C.O. 2528 of 2011 An order under Order XXII Rule 10 of the Code of Civil Procedure is under challenge in the

present revisional application under Article 227 of the Constitution of India.

The said order being appealable under Order XLIII Rule 1(l) of the Code, the revisional application is not maintainable, C.O. 2528 of 2011 is dismissed as such.

There shall be no order as to costs.

The liberty however is granted to the learned advocate-on-record for the petitioner to take back the certified copy of the order impugned upon furnishing the photostat copy thereof.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)