Dilip Kumar Gooptu v. Reeta Sen & ORS.

OD-20 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/13/2011 IA NO: GA/2/2011 (Old No:GA/1860/2011) DILIP KUMAR GOOPTU VS REETA SEN & ORS.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: November 18, 2023.

Appearance :

Ms. Ankita Choudhury, Adv.

For the Defendant The Court : Ms. Ankita Choudhury, learned Counsel, is appearing for the Defendant.

It reveals from the Order dated 4th October, 2016 it was informed to this Court that the plaintiff died on 26th April, 2015 but no steps has been taken by the legal heirs of the plaintiff for continuation of the hearing of the suit. It is also found from the record that the son and daughter of the deceased plaintiff are already on record as defendant nos. 1 and 5 but the wife of the deceased plaintiff has not been substituted. This Court by an Order dated 4th October, 2016 as well as 29th March, 2022 had given an opportunity to the legal heirs of the deceased plaintiff for taking appropriate steps for substitution but till date no steps has been taken.

Accordingly, the suit being CS/13/2011 is dismissed as abated. (KRISHNA RAO, J.) RS