Aloka Rani Bera And ANR v. Rabin Jana

CO-2067 of 2021 03.08.2023 Item no.21 Court No.50 Smt Aloka Rani Bera & Anr.

Vs Sri Rabin Jana None appears.

Perused the office report dated 02.08.2023 , the Lay Note dated 10.07.2023 of the Assistant Registrar-IV and the solemn order dated 13.07.2023 Passed by the Hon'ble Court.

In the said solemn order, the Hon'ble Court was pleased to direct interalia, "Registry of this Court points out that the defects in CAN 1 of 2022 have not been cured by filing supplementary affidavit.

Let such supplementary affidavit be filed mandatorily and positively by 14th July, 2023. In default of filing such supplementary affidavit, C.O. No. 2067 of 2021 shall stand dismissed." The said supplementary affidavit was required to be filed to cure the defect in the said application as to whether the petitioner no.2 died testate or intestate It appears from the said office report that a supplementary affidavit as directed in the said solemn order to cure the defect in the application for substitution being CAN- 1 of 2022 has been filed by the Ld. Advocate for the petitioners under filing no.3/2023 on 17.07.2023 i.e beyond the date 14th July, 2023 as specified by the Hon'ble Court. Perused the said supplementary affidavit. It reveals that the same has been filed by Sri Tapan Kumar Bera, son of the deceased petitioner no.2.

The said supplementary affidavit is also defective as averment was made in the paragraph no.3 of the said supplementary affidavit that "my father Purajit Bera alias Purajit Kumar Bera died intested on 06.09.2022 leaving behind me as his sole heir". Hence it is apparent that the applicant/proposed legal heir of the deceased petitioner no.2 has not stated in the said supplementary affidavit as to whether the petitioner no.2 died testate or intestate. It is evident that the said supplementary affidavit has been filed beyond the date 14th July, 2023 as specified by the Hon'ble Court.

In view of the non-compliance of the said solemn order of the Hon'ble Court, instant C.O.No.2067 of 2021 stands dismissed.

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(Nabanita Ray) Registrar Administration (L&OM)