DEBANGSU BASAK, J. - (1.) THE suit was for partition of two immovable properties. A preliminary decree was passed in the suit on July 10, 2002. The Defendant No. 1 died on June 14, 2006 and the Defendant No. 3 died on February 2, 2012. The plaintiff applied for recording the death of the deceased defendant and for setting aside abatement and consequential amendment to the plaint by the present application.
(2.) IT was contended on behalf of the plaintiff that, the death of the deceased defendants were required to be recorded. Amendments consequential to the death of the defendants were required to be made in the plaint. The defendants were not prejudiced in the event the amendments were allowed. Since the preliminary decree was passed in the suit prior to the death of the deceased defendants the question of limitation did not arise.
(3.) IT was also however submitted that, there was some delay in making filing the application for amendment and that the plaintiff has explained such delay. On the question of limitation reliance were placed on All India Reporter 1948 Calcutta page 363 (Bhusan Chandra Mondal v. Chhabimoni Dasi and Ors.) and Indian Law Reporter 1995 Volume 1 Calcutta page 406.;