- (1.) Consequent upon the death of the defendant/respondent No. 8, viz., Satyabrata Poddar on 15th August, 2016, the instant application has been taken out by the legal representatives of the said deceased defendant/respondent No. 8 for substituting them in the place of the said deceased defendant/respondent No. 8 after setting aside abatement.
(2.) An application being CAN 310 of 2017 has also been taken out by the applicants praying for condonation of delay in filing the substitution application.
(3.) Though no statement has been made in the application for substitution as to whether the said respondent No. 8 viz., Satyabrata Poddar died testate or intestate, Mr. Chatterjee, learned senior counsel, appearing for the applicants submits on instruction from his clients that the said defendant/respondent No. 8 died intestate leaving behind him surviving his heirs and legal representatives as mentioned in paragraph 3 of this application. All the legal representatives of the said deceased defendant/respondent No. 8 are major and sui juris.;