Rabin Pal v. Sandhya Ghosh and Anr.
Case brief
What is this about?
Addition of party / legal heir after death of defendant; Order I Rule 10(2) CPC; Section 151 CPC; substitution application; cause title amendment; plaintiff unaware of heir's name until substituted defendants disclosed legal heirs; Title Suit No.396 of 2016, Civil Judge (Senior Division) 1st Court Howrah; CO 589 of 2023; Rabin Pal v. Sandhya Ghosh & Anr.; High Court at Calcutta; decision date 17.12.2024; impugned order 10.11.2022; defendant died 19.12.2020; death information 09.02.2021; plaintiff's substitution application 22.03.2021; addition application allowed 01.08.2022 application date.
What did the court decide?
Revisional application disposed of in favour of the petitioner: impugned order of 10.11.2022 set aside, the plaintiff's Order 10(2) addition application dated 01.08.2022 allowed, Trial Judge directed to add the daughter's name to the cause title; any interim order vacated and connected applications disposed of.