Dipak Sarkar v. Anju Roy Chowdhury (Nee Sarkar) & Anr.
Case brief
What is this about?
Dismissal of substitution applications for incurable defects: CAN 8 of 2025 (substitution following the death of sole appellant Dipak Sarkar) and CAN 9 of 2025 (substitution of respondent no.1) in first appeal FA 109 of 2014, with liberty to refile fresh applications on the same cause of action. Relevant to research on abatement/succession of parties on death, treatment of defective substitution applications, and refiling liberty in long-pending appeals.
What did the court decide?
Liberty to file fresh applications on the self-same cause of action, and liberty to mention after the fresh applications are filed. ¶12