Shri.Biswanath Mondal v. Nil

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/37/2025 Shri. Biswanath Mondal Vs.

NIL Mr. Adarsh Ilango ... for the petitioner July 02, 2025 [AKB] Item No.6 The petitioner has filed the present Revisional Application being aggrieved and dissatisfied with the order passed by the learned District Judge dated 04.06.2025 in Misc. Judl. Case No. 24 of 2024, wherein the learned District Judge has directed the petitioner to take necessary steps to add mother of the deceased Bishnu Mondal to be a party in this case, if she alive and in case her death other persons who will be entitled to inherited through the mother of the deceased be added as party in this case. Mr. Adarsh Ilango learned Advocate appearing for the petitioner submits that the petitioner in the application filed under Section 7 of the Guardians and Wards Act read with Section 29 of the said Act in paragraph No.

10 has categorically mentioned with regard to the near relatives of minor and the petitioner has already published the notice of the instant case and after the publication of notice in the daily telegram none has appeared in the said case for raising any objection.

made in terms of Section 11 of Guardians and Wards Act, 1890 read with Rule 296 of the Civil rules and orders of this Court and as such there is no necessary for adding mother or any other person as directed by the learned District Judge by an Order dated 04.06.2025.

Heard the learned counsel for the petitioner. This Court find that in Paragraph-10 of the application the petitioner has given the details of the near relatives of the minor, but the petitioner has not disclosed with regard to the details of the paternal grandfather and grandmother of the minor. When the Court inquired from the petitioner about paternal grandfather and grandmother of minor, the counsel for the petitioner informed this Court that both paternal grandfather and grandmother have passed away and as such they have not disclosed their name in the relatives of the minor.

This Court perused the application filed by the petitioner under Section 7 of the Guardians and Wards Act read with Section 29 of the said Act, but this court did not find any averment in the application, wherein the petitioner has mentioned that the paternal grandfather and grandmother have passed away and there is no document disclosed to that effect.

During the hearing, learned counsel appearing for the petitioner prays for leave for taking appropriate steps before the learned District Judge in Misc. Judl. Case No.24 of 2024 for amendment in the application filed under Section 7 of

the Guardians and Wards Act read with Section 29 of the said Act, 1890.

Considering the submission made by the learned counsel for the petitioner, liberty granted to the petitioner for taking appropriate steps for amendment in the application filed under Section 7 of the Guardians and Wards Act read with Section 29 of the said Act before the learned District Judge within a period of two weeks from date with respect of details of paternal grandfather and grandmother of the minor.

CO No. 37 of 2025 is disposed of.

( Krishna Rao, J. )