Surendra Singh Bengani v. Prabha Surana
Amendment of plaint and substitution of defendant – application dismissed as not maintainable – defendant expired in 2023 and the suit stood abated long ago
Case brief
What is this about?
Calcutta High Court, Original Side, order dated 18th May, 2026 by Justice Sugato Majumdar in GA/2/2025 in CS/112/2022 (Surendra Singh Bengani v. Prabha Surana). The plaintiff's application for amendment of plaint and substitution of the defendant was dismissed as not maintainable, the defendant having expired in 2023 and the suit having abated, with no application for condonation of delay or setting aside of abatement on record. The plaintiff was granted liberty to file an appropriate application for condonation of delay and setting aside abatement, and the suit was directed to stand disposed of as abated.
What did the court decide?
Liberty to the plaintiff to file an appropriate application for condonation of delay and setting aside abatement; the suit stands disposed of as abated. ¶13