Deepak Kumar Ganeriwala v. Cascade Commerce Pvt. Ltd. Repd by Jaswant Singh and Ors.
Case brief
What is this about?
Calcutta High Court, FMA 131 of 2026, Deepak Kumar Ganeriwala v. Cascade Commerce Private Limited (judgment 17.02.2026): hyper-technical dismissal of an application for substitution of heirs/legal representatives of a deceased defendant (rejected only because not filed as a miscellaneous case) set aside; abatement observation held consequential, not an independent merits finding; fresh substitution application permitted with condonation of delay and setting aside of abatement in specific-performance Title Suit No. 62 of 2011 (Alipore, South 24 Parganas); Trial Court to register and decide such application as a miscellaneous case on merits after hearing both sides.
What did the court decide?
Appeal allowed on contest; impugned Order dated November 12, 2025 (Civil Judge, Senior Division, First Court at Alipore, in Title Suit No. 62 of 2011) set aside; liberty granted to the plaintiff/appellant to file a fresh application for substitution of the heirs and legal representatives of deceased defendant no. 1, with a connected condonation application and an application for setting aside abatement, to be registered as a miscellaneous case and adjudicated on merits after hearing both sides; no order as to costs.