BIMAN KUMAR PAL & ORS Vs. RAMJIBAN GHOSH & ORS
LAWS(CAL)-2016-4-108
HIGH COURT OF CALCUTTA
Decided on April 12,2016

Biman Kumar Pal And Ors Appellant
VERSUS
Ramjiban Ghosh And Ors Respondents

JUDGEMENT

SIDDHARTHA CHATTOPADHYAY, J. - (1.) Challenging the legality and validity of the order No. 44 dated 03.07.2014 passed by the learned Sub -Divisional Civil Judge, (Junior Division) Ghatal, Paschim Medinipur in connection with Title Suit No. 119 of 2009, the plaintiff/petitioner has filed this revisional application. A bunch of applications were disposed by the impugned order viz. petition dated 30.07.2013, 23.08.2013 and 2.12.2013.
(2.) According to the petitioner, learned Trial Judge should have rejected the application dated 30.07.2013 and should have allowed his application under Order 22 Rule 4 (4) of the Code of Civil Procedure.
(3.) Contents of application dated 30.07.2013 was such that proforma defendant no. 5 (Pannalal Mitra) died on 19.03.2013 and defendant No. 6 (Jaharlal Mitra) died on 28th Phalgun 1418 and as substitution has not been made suit may be abated. The said application was filed by the defendant No. 1.;


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