- (1.) ON May 14, 1975. In this criminal revision an application has been riled by the petitioners, Subodh Bala Barik and others for the substitution of their names in place of their predecessor-in-interest bhupendra Nath Barik, who was the applicant the re-visional application filed against the order of a Magistrate staying a criminal prosecution started, by the said Bhupendra till the disposal of a civil case.
(2.) THE relevant facts leading to the criminal motion may he stated in brief bhupendra filed a criminal case against the accused Brahmachari Giri and three others on the allegation that by practicing fraud on him the latter created an agreement for sale in respect of some property net intended to be solid by the complainant at a price not settled by him. The Magistrate issued process under section 467 of the Indian Penal code. Subsequently the accused Brahmachari Giri filed a suit for specific performance of contract on the basis of the disputed deed of agreement. The learned Magistrate thereafter stayed the criminal proceedings until the decision of the civil case as the disputes in both the litigations centered round the disputed agreement. Against that order bhupendra filed the present re-visional application but unfortunately he died during the pendency of the same. Hence his heirs, wife and children left by him, have appeared before this Court to be substituted in his place.
(3.) AS the question of substitution appeared to be interesting, I wanted the assistance of Mr. D. K. Dutta, the learned Advocate as amicus curiae and he agreed to help this Court along with mr. Banerjee, the learned Advocate for the petitioner, Mr. Bose for the State and Mr. Mukherjee for the accused opposite party. I have heard them all dealing with the matter from all possible aspects.;