- (1.) The suit was instituted by the Corporation of Calcutta in 1967 against the several defendants. The claim of the plaintiff Corporation is on account of arrears of consolidated rates due and payable in respect of premises No. 507, Rabindra Sarani, formerly known as 260, Chitpur Road, Calcutta. According to the plaintiff the ownership of the said premises was vested in several owners thereof in several divided and separated shares and under S.133(1) of the Calcutta Municipal Act, 1923 and the then valuation of the said premises was apportioned amongst the several share-holders or co-owners thereof according to their respective shares without assigning any separate number thereto and consolidated rate bills were made out and issued in apportioned shares accordingly.
(2.) In this suit the plaintiff has claimed apportioned share of consolidated rate bills of the Corporation of Calcutta which remained unpaid in respect of Sm. Satyabala Ghosh and others, Shebaits of Sree Iswar Gokul Chand Jew. The claim in the suit is for a sum of Rs. 5314.42 in respect of certain apportioned share of consolidated rate bills made out and issued in the name of Sri Nalinakshya, Salindra Sekhar and Achalendra Sekhar Bose by the Corporation of Calcutta and which remained unpaid.
(3.) At the hearing, Mr. Sujit Auddy, learned Advocate appearing for the defendant 1, Himanshu Sekhar Basu has submitted that defendant 2 Satyabala Ghosh has since died and no substitution has been made. As the claim in this suit is in respect of he apportioned share of consolidated rate bills issued in the name of Satyabala Ghosh, this suit cannot proceed without substitution. Mr. Auddy has also submitted that the suit has already abated and no application was made by the plaintiff for setting aside the abatement.;