ASIM KUMAR MONDAL,J. - (1.) PETITIONER as plaintiff filed a suit for Specific Performance of Contract of the agreement dated 1st November, 2010 against the defendants who are opposite parties in the present application.
(2.) IN course of trial of the said suit being No. T.S. 1/2011, the defendant No. 2 reported that the defendant No. 1 Mst. Marium Bibi died on 18th February, 2011 in Uttar Pradesh. She died unmarried and intestate. Petitioner filed one petition under Order 22 Rule 2 of the Civil Procedure Code for substitution. Admittedly the defendants of the suit No. T.S. 1 /2011 also filed one suit as plaintiffs against the defendant company (plaintiff of T.S. No. 1/2011) for eviction after expiry of lease being No. 86/2006. In the said suit being No. T.S. 86/2006, it is contended, that defendants No. 3 to 6 are the legal heirs of one Ayesha Khatun, who is the sister of deceased defendant No. 1. Right to sue surviving upon the legal heirs of Ayesha Khatun. The said Ayesha Khatun's husband, defendant No.2 is not entitled to the estate of deceased defendant No. 1. Therefore, plaintiff/petitioner prayed for substitution of defendants No. 3 to 6 as legal heirs in place of defendant No. 1 after expunging the name of defendant No.1.
(3.) LEARNED Trial Court, after hearing both sides, ordered to substitute defendants Nos. 2 to 6 in place of defendant No. 1.;