Manju Sadhukhan v. Rabin Biswas

CO-3882 of 2018 17.08.2023 Item no.16 Court No.50 Smt. Manju Sadhukhan Vs Rabin Biswas None appears.

Perused the office report dated 16.08.2023 , the Lay Note dated 07.07.2023 of the Assistant Registrar-IV, and the solemn order dated 11.07.2023 passed by the Hon'ble Court.

In the said order, the Hon'ble Court was pleased to direct interalia, "In the event, the defects are not removed within three weeks from date; the application for substitution shall stand rejected.

Consequently, the revisional application shall stand abetted. "

However, it appears from the office report dated 16.08.2023 that as per departmental records, the Ld. Advocate for the petitioner has not yet filed supplementary affidavit for curing the defect of the substitution application being CAN-1/2019(old CAN-4507/2019) regarding the non-mentioning of the point as to whether the sole heir/heiress of the deceased sole petitioner is major and sui juris or not. Since the supplementary affidavit has not yet been filed and the period of three weeks stipulated in the said solemn order for removal defects has expired, the matter has been placed before this Court by the department for an appropriate order.

In view of the non-compliance of the said solemn order passed by the Hon'ble Court, the application for substitution being CAN-1/2019(old CAN- 4507/2019) stands rejected and consequently, the revisional application stands abetted.

(Nabanita Ray) Registrar Administration (L & OM)