Jamuna Prasad Shaw @ Gupta v. Bhadra Chowdhury And ORS

(33) 08.11.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1825 of 2021 Jamuna Prasad Shaw @ Gupta -versus- Partha Pratim Chowdhury upon his death, his heirs and legal representatives Bhadra Chowdhury & ors.

Mr. Aniket Mitra, ... for the petitioner.

The petitioner was a party to a compromise decree. Long time after the said compromise decree was passed, the plaintiff no. 1 died. The petitioner has filed an application for correction of the said decree to bring the names of the heirs and legal representatives of the deceased plaintiff no. 1. The petitioner is complaining inordinate delay in disposal of the said application and is praying for a direction upon the learned Trial Judge for expeditious disposal of the said application.

The application for correction of the said decree is entirely misconceived inasmuch as the plaintiff no. 1 had died after the said compromise decree was passed, as such, this Court is not inclined to pass the direction as prayed for. The revisional application is disposed of with the above observations 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.)