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Calcutta High CourtPLA/549/2022disposed

In The Goods Of Niva Roychowdhury (Dec.) v. Na

2024-05-17Hon'Ble Justice Apurba Sinha Ray2 pages

OD-63 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Testamentary & Intestate Jurisdiction ORIGINAL SIDE IA No.GA/3/2025 In PLA/549/2022

IN THE GOODS OF :

NIVA ROYCHOWDHURY, DECEASED

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : March 26, 2025.

Appearance:

Mr. Debdut Mukherjee, Adv.

Ms. Nairanjana Ghosh, Adv.

... for the petitioner 1.

Mr. Debdut Mukherjee, learned Advocate, is appearing for the petitioner.

2.

The petitioner has filed the present application being GA/3/2025 praying for amendment in the cause paper of PLA/549/2022 wherein the petitioner has prayed for grant of Letters of Administration. 3.

Counsel for the petitioner submits that by an order dated 6th February, 2025 this Court has granted Letters of Administration and at the time of processing for issuance of Letters of Administration, the department has pointed out that after the death of Biswajit Raychaudhuri alias Biswajit Roychowdhuri, the cause paper for grant of Letters of Administration was not amended and as such, the department is facing difficulties for issuance of Letters of Administration in terms of the order passed by this Court dated 6th February, 2025. Accordingly, the petitioner has filed the present application for amendment in the cause paper in PLA/549/2022.

4.

Considered the submission made by the counsel for the petitioner. Perused the proposed amendment.

5.

This Court finds that the amendment as sought for by the petitioner will not change the nature and character of the application and the same is required after the death of the original petitioner, namely, Biswajit Raychaudhuri alias Biswajit Roychowdhuri. 6.

In view of the above, prayers (a) to (e) of the Master's Summons are allowed.

7.

After the amendment is carried out, the department is directed to issue the Letters of Administration to the petitioner in terms of the order dated 6th February, 2025.

8.

GA/3/2025 is disposed of.

(KRISHNA RAO, J.) RS