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Calcutta High CourtCS/255/1995dismissed for default

Asoke Kumar Sen v. The Ananda Bazar Patrika

2025-09-24Hon'Ble Justice Biswaroop Chowdhury2 pages

OD-35 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/255/1995 ASOKE KUMAR SEN VS THE ANANDA BAZAR PATRIKA

BEFORE:

The Hon'ble JUSTICE BISWAROOP CHOWDHURY Date : SEPTEMBER 24, 2025.

Appearance :

Mr. Soumya Roy Chowdhury, Adv.

Mr. R. Das Sharma, Adv.

For the defendant No.1 The Court:- Learned advocate for the defendant No. 1 is present. None appears for the plaintiff.

It is submitted by the learned advocate for the defendant no.1 that the plaintiff died in the year 21st September, 1996. Learned advocate relies upon the decision of the Hon'ble Supreme Court in the case of Melepurath Sankunni Ezhuthasan Vs Thekittil Geopalankutty Nair reported in (1986)1 SCC 118.

It is also submitted that the defendant no.2 has also expired on 16th March, 2016. The death certificate is filed.

In terms of the decision cited by the learned advocate, the suit abates on the death of the plaintiff.

Upon considering the submission of the learned advocate, let this matter stand dismissed for default.

(BISWAROOP CHOWDHURY, J.) A Dey