DEBANGSU BASAK, J. - (1.) IN a suit for eviction 53 persons were impleaded as original defendants. The writ of summons was issued against all the defendants. The writ of summons was duly served on them. Service of summons on all the defendants was a finding recorded in the Order dated April 20, 2004. Out of the 53 defendants few entered appearance while others chose not to.
(2.) AN application being G.A. No. 3754 of 2003 was taken out by the plaintiff. It concerned with the death of the Defendant Nos. 18, 29, 33, 35, 36, 44 and 45. G.A. No. 3754 of 2003 was disposed of by an Order dated April 4, 2004. By such order so far as Defendant No. 33 was concerned it was held that even after service of the writ of summons the Defendant No. 33 did not enter appearance. By such order the exemption in terms of Order XXII Rule 4(4) of the Code of Civil Procedure, 1908 was granted to the plaintiff as prayed for in G.A. No. 3754 of 2003. The heirs of the Defendant No. 33 made the present application seeking condonation of delay in making the application and recording the death of the Defendant No. 33 and amendment of the plaint as well as the consequential reverification thereof.
(3.) ON the application being moved I enquired of the plaintiff as to whether they wanted to use any affidavit when the answer was in the negative. The application was, thereafter, taken up for hearing. In course of hearing on the first date accommodation was sought for on behalf of the heirs of the Defendant No. 33 which was granted.;