Satyanarayan Biswas & Others vs Rama Shankar Tripathy

Anil Kumar Choudhary, J

I.A. No.4820 of 2022

Heard the parties.

Learned counsel for the legal representatives of deceased appellant No.2 namely Satyanarayan Biswas submits that this interlocutory application has been filed by the legal representatives of appellant No.2 namely Satyanarayan Biswas with a prayer to substitute them in place of deceased appellant No.2 namely Satyanarayan Biswas who died on 06.05.2021 leaving behind his only two legal representatives whose names, parentage and addresses have been mentioned in para-3 of the instant interlocutory application. It is next submitted that the appellant No.3 (c) namely Tarun Biswas died unmarried. It is further submitted that it has not been specifically mentioned in the instant interlocutory application that the appellant No.3 (c) namely Tarun Biswas has no legal representative.

It is also submitted that the instant interlocutory application has also been filed with a prayer for condoning the delay in filing the petition for substitution and for setting aside the abatement, if any and to delete the name of appellant No.3 (c) namely Tarun Biswas from the cause-title of the appeal memo. It is further submitted by the legal representatives of deceased appellant No.2 namely Satyanarayan Biswas that the appellant No.4 namely Madhusudan Biswas who used to look after the case, was seriously ill and was suffering from paralysis attack and was confined to bed and after recovery, he could file the petition for substitution, hence, the delay occurred in filing the petition for substitution. It is further submitted that the delay caused in filing the petition for substitution is neither deliberate nor intentional. It is next submitted that unless the delay in filing the petition for substitution is condoned and abatement, if any, is set aside and the only two legal representatives of the deceased appellant No.2 namely Satyanarayan Biswas are substituted in his place as Appellant No.2 (a) to 2 (b), the appellants will be highly prejudiced.

Mr. Kundan Kumar Ambastha has filed power on behalf of Appellant No.2 (a) to 2 (b).

Considering the aforesaid facts, the delay in filing the petition for substitution is condoned, the abatement, if any, is set aside and the prayer for substitution of the only two legal representatives of the deceased appellant No.2 namely Satyanarayan Biswas in his place as Appellant No.2 (a) to 2 (b), is allowed.

Registry is directed to incorporate the name of only two legal representatives of the deceased appellant No.2 namely Satyanarayan Biswas whose names, parentage and addresses have been mentioned in para-3 of the instant interlocutory application as appellant No.2 (a) to 2 (b) and to mention the word ‘Dead’ against the names of the deceased appellant No.2 namely Satyanarayan Biswas and appellant No.3 (c) namely Tarun Biswas with red ink in the cause title of the appeal memo.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.)

S.A. No.22 of 2003

Perusal of the record reveals that vide order No.13 dated 19.07.2018 passed in this appeal, it has been mentioned that the appellant No.2-Mahadev Biswas @ Mahadeb has died and his only three legal representatives be impleaded in his place as appellant No.2 (a) to 2 (c).

Learned counsel for the appellants submits that in fact appellant Mahadev Biswas @ Mahadeb is appellant No.3 of this appeal. Hence, it is submitted that the order No.13 dated 19.07.2018 passed in this appeal be modified to the extent that that the description of Mahadev Biswas @ Mahadeb be read as appellant No.3 and not 2 as wrongly mentioned in the said order.

Considering the aforesaid facts, the order No.13 dated 19.07.2018 passed in I.A. No.4207 of 2018 arising out of this appeal is modified to the extent that the word ‘appellant No.2’ appearing in the said order be read as ‘appellant No.3’ at all places.

Accordingly, the order No.13 dated 19.07.2018 passed in I.A. No.4207 of 2018 arising out of this appeal is modified to the aforesaid extent and it is ordered that this order be treated as part of the order No.13 dated 19.07.2018 passed in I.A. No.4207 of 2018 arising out of this appeal.

Learned counsel for the appellants prays for time.

Prayer for time is allowed as the last chance.

List this appeal after twenty weeks.