Pasupati Barman v. Jitendra Barman And ORS

sandip Ct. 19 29.07.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 2402 of 2024 Sri Pasupati Barman Vs.

Jitendra Barman & Ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mondal, Mr. Abhirup Halder ... For the petitioner. Mr. Sk. Rejaul Alam ... For the opposite party no. 1. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

Mr. Sk. Rejaul Alam, learned advocate appears on behalf of the opposite party no. 1.

The 4th Court of learned Additional District Judge at Tamluk, District - Purba Medinipur by the order impugned dated June 05, 2024 has dismissed an application filed by the petitioner in Miscellaneous Appeal No. 58 of 2023 for substitution of the heirs and legal representatives of the deceased sole respondent with costs of Rs. 1,000/- .

Mr. Bhattacharya, learned advocate for the petitioner submits that the application was filed within time, therefore there was no plausible reason to dismiss the said application.

It appears that the order of dismissal is not supported by any reason therefore, it is set aside on the said ground alone.

The appeal Court below shall decide the said application afresh in accordance with law.

C.O. 2402 of 2024 is disposed of with the above terms without any order as to costs.

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.)