Disposed¶16

Shree Shree Jogeshwareshwar Mahadeb Deb Thakur Repd by Sri Salil Kumar Mishra v. Khairul Islam and Ors.

Calcutta HC14 May 2026CO/2983/2023

Case brief

AI extract

What is this about?

Abatement of suit; deceased defendant No. 5 Reba Goswami; deletion of name Order 1 Rule 10(2) declined; legal heirs necessary party; setting aside abatement Order 22 Rule 9(2) CPC; substitution of legal heirs; Civil Judge Junior Division 2nd Court Jangipur Murshidabad; order dated 21.07.2023; petition disposed of with liberty.

What did the court decide?

Liberty to the petitioner to move an appropriate application under Order 22 Sub Rule 9 of C.P.C., along with relevant provisions, for setting aside the abatement order, followed by substitution of the legal heirs of deceased defendant No. 5 in accordance with law; urgent certified copy of the order to be furnished on usual formalities. ¶16

Shree Shree Jogeshwareshwar Mahadeb Deb Thakur Repd by Sri Salil Kumar Mishra Vs Khairul Islam and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Validity/resolution of the petition challenging the order dated 21 July 2023 of the Civil Judge, Junior Division, 2nd Court, Jangipur, Murshidabad, whereby the application under Order 1 Rule 10(2) for deleting the name of deceased defendant No. 5 Reba Goswami was declined and the suit was declared abated against defendant No. 5. +1 more

¶8

Court's answer

The Court granted liberty to the petitioner to move an appropriate application under Order 22 Sub Rule 9 of C.P.C., along with relevant provisions, for setting aside the abatement order, followed by substitution of the legal heirs of deceased defendant No. 5 in accordance with law; the correctness of the impugned Trial Court order itself was not adjudicated upon.

¶15

Ratio / Principle

With this observation, the present petition is disposed of.

¶16

Detailed headnote1 paragraphs

Petition C.O. 2983 of 2023 (decided 14.05.2026) challenged the order dated 21 July 2023 of the learned Civil Judge, Junior Division, 2nd Court, Jangipur, Murshidabad, whereby the application under Order 1 Rule 10(2) for deleting the name of deceased defendant No. 5 Reba Goswami was declined; the Trial Court having held that right to sue survives and her legal heirs are necessary parties, and having declared the suit abated against defendant No. 5 because her legal heirs were not substituted within the stipulated period. On submissions of both sides (senior counsel for the petitioner offering disposal with liberty to seek setting aside of abatement; counsel for respondents Nos. 1–6 noting substitution could be agitated before the Trial Court), the Court disposed of the petition, granting liberty to the petitioner to apply under Order 22 Sub Rule 9 of C.P.C. for setting aside the abatement order, followed by substitution of the legal heirs of deceased defendant No. 5 in accordance with law.

¶1

C.O. 2983 OF 2023

¶2

14.05.2026

¶3

Sl no. 13 Ct no. 2 P.M.

¶4

Shree Shree Jogeshwareshwar Mahadeb Deb Thakur represented by Salil Kumar Mishra

¶5

- Vs – Khairul Islam & Ors.

¶6

Mr. Prabal Kumar Mukherjee, Sr. adv, Mr. Swarnava Ray

¶7

... for the petitioner Mr. Mukteswar Maity, Ms. Manika Sarkar ... for the respondent No. 1 to 6

¶8

1. Present petition has been filed challenging the order dated 21^st July, 2023 passed by learned Civil Judge, Junior Division, 2^nd Court, Jangipur, Murshidabad whereby the application under order 1 Rule 10(2) for deleting the name of deceased defendant No. 5 Reba Goswami was declined.

¶9

2. Learned court inter alia held that right to sue survive in this case and legal heirs of Reba Goswami are necessary party for proper adjudication of the suit.

¶10

However, learned Trial Court inter alia directed that since the legal heirs of Reba Goswami are not substituted within stipulated period of time suit stands abated against defendant No. 5.

¶11

¶12

4. During the course of submissions learned senior counsel for the petitioner submits that matter may be disposed of with a liberty to the petitioner to move an appropriate application under Order 22 Rule 9 sub Rule 2 for setting aside the abatement order.

¶13

Learned counsel further submits that consequent upon legal heirs of Reba Goswami also taken on record.

¶14

Learned counsel for the opposite party submits that order regarding substitution of legal heirs can be agitated before the learned Trial Court.

¶15

7. The Court has considered the submissions. Liberty is granted to the petitioner to move an appropriate application under Order 22 Sub Rule 9 of C.P.C. along with relevant provisions for setting aside the abatement order and followed by substitution of legal heirs of deceased defendant No. 5 in accordance with law.

¶16

With this observation this petition is disposed of.

¶17

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

¶18

¶19

(Dinesh Kumar Sharma, J.)

Shree Shree Jogeshwareshwar Mahadeb Deb Thakur Repd by Sri Salil Kumar Mishra v. Khairul Islam and Ors.

Case brief

What is this about?

What did the court decide?

Shree Shree Jogeshwareshwar Mahadeb Deb Thakur Repd by Sri Salil Kumar Mishra v. Khairul Islam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Krishanu Mondal Vs Sudipta Mondal

Smt. Nila Roy Chowdhury and Ors. Vs Bharat Bhusan Aurora and Ors.

Sanjay Prasad Koiree Vs Union of India and Ors.

Ajoy Kumar Sarkhel Vs Dhirendranath Patra and Ors.

Shila Devi Vs Basanti Chakraborty and Anr.

Sri Debasis Dey Vs Smt. Manasi Nandy