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Judgment
4 paragraphs · 114 words
S. Datta Purkayastha, J
Mrs. Pinki Chakraborty, learned counsel submits that respondent No.17, Smt. Santana Bhattacharjee, is already dead and that has been mentioned in the cause title of the memo of appeal as well as in the cause title of the petition for condonation of delay.
A petition under Order 1 Rule 10(2) of CPC is again submitted for deletion of her name from the cause title of both the said memo of appeal and the petition for condonation of delay. It is when both the cases are filed by mentioning that said person is dead, question of deletion of her name from the proceeding does not arise.
Interlocutory application, is accordingly, rejected.