Bishnu Krishna Shrestha v. Life Insurance Corporation Of India & ORS.

OD - 3

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE APO/33/2020 WPO/1612/2003 IA NO: GA/1/2016(Old No:GA/1450/2016) GA/2/2016(Old No:GA/3064/2016) GA/3/2018(Old No:GA/2008/2018) BISHNU KRISHNA SHRESTHA VS LIFE INSURANCE CORPORATION OF INDIA & ORS.

BEFORE :

THE HON'BLE JUSTICE HARISH TANDON And THE HON'BLE JUSTICE PRASENJIT BISWAS Date : 29th August, 2024 Appearance :

Mr. M.S. Yadav Adv.

.. . for the appellant.

Mr. Kushal Chatterjee, Adv.

Mr. Mohan Lal Banerjee, Adv.

Mr. Oishik Chatterjee, Adv.

...for the respondent no.1.

The Court : It transpires from the record that the sole appellant died in the month of October 2023 but till date there is no application taken out for bringing the heirs and legal representatives on record. Since the period of limitation for substitution has already expired, the consequence is the abatement which is automatic. In such view of the matter, the appeal has abated.

(HARISH TANDON, J.) (PRASENJIT BISWAS, J.) sd/pkd.