Kanan Panda and Ors. v. Mrinal Kanti Panda and Ors.
Case brief
What is this about?
Abatement of suit on death of sole plaintiff and defendant no.1; substitution of legal heirs; order dated 10.03.2000 substituting heir of Ananta Kumar Panda; substitution application dated 07.09.2013 within statutory period and pending; Section 151 CPC recall application; functus officio; both orders set aside; Title Suit No.36 of 2017; Civil Judge (Junior Division), 1st Additional Court, Contai, Purba Medinipur; CO 1784 of 2023; disposal within one week after Christmas vacation; Amarendra Nath Panda; Kanan Panda; Ananta Kumar Panda; Mrinal Kanti Panda.
What did the court decide?
Both orders dated 10th April, 2023 and 3rd May, 2023 in Title Suit No.36 of 2017 set aside; Trial Judge directed to decide the substitution application dated 7th September, 2013 within one week after the ensuing Christmas vacation and to expedite the suit; interim order, if any, vacated; connected application(s) disposed of; petitioners at liberty to bring the order to the notice of the Trial Court forthwith.