Bhabatosh Shyamprasad Biswas v. Kaliprasad Sarojnath Biswas

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th February, 2025 CALLED FOR DIRECTION:

5.CHOL/57/2025 AMH20240000157C202500003 In TP/5412/2024 Mr. Vasim Siddiqui, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Piyali Biswas (Niece of the deceased) by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "India Info Exchange" in English Language and in "Duranta Barta" in vernacular language i.e. Bengali. 3.

Perused the Affidavit dated 10th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the deceased died as bachelor and the Applicant is not aware of the whereabouts of Piyali Biswas (Niece of the deceased). It is further stated that the Applicant had made enquiries with family and friends but could get any information. Further, it is stated that the said legal heir did not even attend the funeral of the deceased nor she attend any religious gatherings during the lifetime of the deceased and she was never in touch with the deceased or family members for last several years. The Applicant ..2/-

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therefore requested to permit her to publish the Citation in two newspapers viz. "India Info Exchange" at Kolkata in English language and in "Duranta Barta" at Kolkata in vernacular language i.e. Bengali, by way of substituted service upon Piyali Biswas (Niece of the deceased).

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner.

5.

Heard. The Ld. Advocate for the Applicant submits that the deceased died as bachelor and the Applicant is not aware of the whereabouts of Piyali Biswas (Niece of the deceased) and the Applicant had made enquiries with family and friends but could get any information. He further submits that the said legal heir did not even attend the funeral of the deceased nor she attend any religious gatherings during the lifetime of the deceased and she was never in touch with the deceased or family members for last several years. He further submits that the Applicant / Petitioner be permitted to publish the Citation in two newspapers viz. to publish the Citation in two newspapers viz. "India Info Exchange" at Kolkata in English Language and in "Duranta Barta" at Kolkata in vernacular language i.e. Bengali, by way of substituted service upon Piyali Biswas (Niece of the deceased). He therefore prays that the Chamber Order be allowed. 6.

For the reasons stated in Affidavit dated 10th January, 2025 annexed to the Chamber order and ..3/-

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averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. "India Info Exchange" at Kolkata in English Language and in "Duranta Barta" at Kolkata in vernacular language i.e. Bengali, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.02.2025