The court allowed substitution of respondent No.1, Raimohan Debnath, who died, for subsequent respondents in order 22 rule 4 CPC petition, dismissing the petition once substitution was effected.
Permission to substitute respondent No.1 with subsequent respondents and correction in case file.
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Case No :IA. 0000568/2017
Party Name : HARADHAN DEBNATH Vs RAIMOHAN DEBNATH & ORS
THE HONBLE MR. JUSTICE S.TALAPATRA
Heard Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. S. Lodh, learned counsel appearing for the respondents No.1 and 2.
This is a petition filed under Order XXII Rule 4 of the CPC for substitution of the respondent No.1 namely Raimohan Debnath who died on 06.02.2017.
Mr. Lodh, learned counsel appearing for the respondents No.1 and 2 has fairly submitted that the substitution may be allowed as steps have been taken within time and there is no legal bar in entertaining such prayer.
Having appreciated the submissions made by the learned counsel for the petitioner and the respondents this court finds that it is an appropriate case where the substitution can be directed. The respondents No.1(a) to 1(C) as described in the schedule appended below this petition shall be substituted in place of the respondent No.1 as the respondents No.1(a), 1(b) and 1(c) and in the same order is provided in the schedule. Registry is directed to make necessary correction in CRP No.53 of 2016. Accordingly, this petition stands disposed of.
Download Date: 8-05-2017 15:05
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1 issue framed by the court
Whether to allow substitution of respondent No.1 who died.
1 provisions across 1 enactments
HARADHAN DEBNATH
RAIMOHAN DEBNATH
S. Talapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
