The High Court allowed an application seeking substitution of an appellant who died intestate. The court permitted the application in terms of the prayers despite the delay.
Application allowed by condoning delay; order passed in terms of prayers (a), (b), (c) and (d) for substitution.
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CS 274 of 2013 IA No. GA 2 of 2023 APD No. 257 of 2018 IN THE HIGH COURT AT CALCUTTA In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION
Smt. Rukmani Devi Bangur & Ors. Versus M/s. Ray & Ray & Ors.
Before:
The Hon’ble Justice I. P. MUKERJI And
The Hon’ble Justice BISWAROOP CHOWDHURY Date: 5th July 2023
Appearance: Ms. Priyanka Gope, Advocate for the appellants
The Court: An affidavit of service is on record. None appears to contest this application.
During the pendency of the present appeal the appellant no. 2 Smt. Pushpa Devi Bangur died intestate on 25th April 2023. It is submitted that steps are being taken to obtain probate of the last will and testament dated 8th September 2022 of Smt. Pushpa Devi Bangur.
The applicant makes this application for substitution in her place on the ground that he is the sole executor of the said last will and testament of Late Pushpa Devi Bangur. We have been shown a copy of the will of Late Pushpa Devi Bangur, annexed to the petition.
Therefore, we find no difficulty in allowing this application by condoning the delay, and passing order in terms of prayers (a), (b), (c) and (d) thereof.
(I. P. MUKERJI, J.)
(BISWAROOP CHOWDHURY, J.)
R. Bose
2 issues framed by the court
Whether the delay in filing the application for substitution of the sole executor of the deceased appellant can be condoned for substitution.
What form of order to be passed for substitutions in terms of the prayers.
Smt. Rukmani Devi Bangur & Ors.
M/s. Ray & Ray & Ors.
I. P. MUKERJI
BISWAROOP CHOWDHURY
As recorded by the court registry
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