SAHIDULLAH MUNSHI,J. - (1.) In Re.: C.A.N. 1055 of 2015 This application has been filed by the petitioners for substitution of the legal heirs and representatives of the deceased members of the family in their status as appellants. It has been stated by Mr. Ghosh, learned advocate appearing for the plaintiffs/appellants that the plaintiffs/appellants have got similar interest in the suit property as co-sharers and/or co-owners of the suit land in question. Therefore, they are all on the same footing and the suit is not abated in absence of application for substitution within time. Learned advocate for the plaintiffs/appellants further submits that the delay in filing the substitution application has been caused since the plaintiffs/appellants are scattered in different places and it was not known to them that substitution application is to be made within a limited period of time.
(2.) In paragraph 4 of the application for substitution, the appellants have stated that appellant No. 1(f) died intestate on December 16, 2012 leaving behind her legal heirs and representatives, namely (1) Basudev Mondal, (2) Kisori Mondal, (3) Subash Mondal, (4) Achintya Mondal and (5) Swapan Mondal. Since these persons are already on record, no substitution is necessary on the death of appellant no. 1(f), Sorojini Mondal, who is the mother of all these persons. Only the factum of death of the appellant no. 1(f), Sorojini Mondal is to be noted.
(3.) In paragraph 5 of the application it has been stated that the appellant no. 2, Sudhir Krishna Mondal, died intestate on December 02, 2012, leaving behind his legal heirs and representatives, namely, (1) Subasi Mondal (2) Shanti Ranjan Mondal, (3) Monoranjan Mondal, (4) Niranjan Mondal, (5) Susanta Mondal and (6) Gita Mondal. These legal heirs of the deceased appellant no. 2, are required to be brought on record in place of deceased appellant no. 2 Sudhir Krishna Mondal. The said legal heirs are all major and sui juris. Therefore, they may be brought on record.;