The High Court disposed of a revisional application and connected applications on the ground that the underlying suit abated following the intestate death of the plaintiff.
The revisional application disposal of all connected applications.
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21 24.7.2023 Ct. No. 236 SB
C.O. 1828 of 2011 CAN 1 of 2014 CAN 2 of 2015
In the matter of : Vishwanath Patwari & Ors.
Mr. Pratyush Patwari
……for the petitioners
Heard Mr. Patwari, learned counsel representing the petitioners.
It is contended that Mr. Ramgopal Goenka the opposite party no. 1 died intestate on 22.01.2013. He was the plaintiff before the learned Trial Court. According to the learned counsel for the petitioners the suit pending before the learned Trial Court has got abated.
According to Mr. Patwari the suit since abated, the revisional application that challenges one of the interlocutory orders has lost its relevance.
This revisional application according to Mr. Patwari has become bereft of any merit.
The revisional application is disposed of along with all connected applications.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether a revisional application challenging an interlocutory order loses relevance after the death of the plaintiff and alleged abatement of the original suit.
Vishwanath Patwari & Ors.
Mr. Ramgopal Goenka
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
