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2017 Supreme(Cal) 606

SAHIDULLAH MUNSHI
Kunal Agarwal – Appellant
Versus
Jagat Narayan – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pinaki Ranjan Mitra, Advocate.
For the Opposite party :Mr. Mahendra Prasad Gupta and Mr. Animesh Pal, Advocates.

JUDGMENT :

SAHIDULLAH MUNSHI, J.

1. This revisional application is directed against order dated 23rd July, 2007, passed by the learned Civil Judge (Senior Division), 2nd Court, Howrah, in Miscellaneous Appeal No.48 of 2006, affirming Order No.184 dated 18th November, 2005, passed by the learned Civil Judge (Junior Division), 4th Court, Howrah, in Title Suit No.193 of 1988. The petitioners, Shri Kunal Agarwal and Shri Ketan Agarwal, filed an application before the learned Trial Court for substitution of their names under Order 22, Rule 10 of the Code of Civil Procedure, in place of Late Jaykrishna Agarwal, the original plaintiff. In the application for substitution, the petitioners mentioned that the suit was filed by Jaykrishna Agarwal in 1988 and he died on 18th March, 2005. The petitioners obtained lease by a Registered Deed dated 2nd August, 2003 in respect of the suit property and other property from the original owner/lessor, Baptist Missionary Society Corporation, for a period of 99 years. It has been contended by the petitioners that by virtue of the aforesaid Lease Deed, right to sue survived and the interest in the suit property has devolved upon the petitioners. The petitio











































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