- (1.) THIS application is directed against the order dated 25. 08. 2005 passed by the learned Civil Judge (Senior division), Kalna, District ' Burdwan in Title Suit No. 11 of 1985 whereby she has allowed the petition dated 08. 12. 2003 directing the contesting defendants to furnish the names of heirs and other particulars of the deceased defendants. Being aggrieved by the said order, the contesting defendants have preferred the present application.
(2.) THE defendants/petitioners have contended that the plaintiffs/opposite parties filed the suit for declaration, permanent injunction and partition. That suit was decreed in part and an appeal was preferred against the said decree and thereafter the learned District Judge, Burdwan remanded the suit for hearing afresh. While the suit was pending for hearing afresh, the plaintiffs filed the application for addition of parties and amendment of the plaint. In the meantime, some defendants died and the learned Assistant District Judge directed the contesting defendants to submit the date of death and other particulars of the heirs of the deceased defendants by the impugned order. Being aggrieved by the impugned order, the contesting defendants have preferred the present application.
(3.) HAVING considered the submissions of the learned Advocate of both the sides and on perusal of the record, I find that by the impugned order dated 25. 08. 2005 the learned Civil Judge (Senior division) has allowed the petition dated 08. 12. 2003 directing the contesting defendants to submit before the court the names, date of death and details of legal heirs of the deceased defendants at their earliest enabling the Court to come to a just and proper decision of the suit. The contention of the contesting defendants is that their learned Advocate did not represent the deceased defendants before the lower court and as such it is not possible for him to furnish particulars of the heirs including the date of death of the deceased defendants. From the cause title of the case, I find that the parties reside in Maffasal area at Kalna, district ' Burdwan and so the contention of the contesting defendants that the whereabouts of the deceased defendants are not known to them is difficult to believe. However, as the learned advocate for the contesting defendants was not representing the deceased defendants and as such it may be difficult for him to furnish particulars as asked for by the impugned order. In the circumstances the plaintiffs are required to collect particulars of the date of death of the deceased defendants and their heirs. For that reason, the direction upon the contesting defendants to furnish the particulars of the heirs of the deceased defendants and the date of their death cannot be supported at all. Therefore, such portion of the impugned order is hereby set aside.;