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2017 Supreme(Cal) 878

JYOTIRMAY BHATTACHARYA, ASHA ARORA
Bilasini Bauri – Appellant
Versus
Bipadtaran Saha – Respondent


Advocates Appeared:
For the Petitioner: Debojyoti Basu and Lalit Mondal.
For the Respondents: Partha Pratim Roy.

JUDGMENT :

JYOTIRMAY BHATTACHARYA, J.

Re: CAN 2131 of 2017

1. The sole appellant viz. Smt. Bilasini Bauri died intestate on 14th January, 2017 leaving behind her surviving her sons and daughters as mentioned in paragraph 2 of this application. The heirs and legal representatives of the said deceased appellant are major and sui juris.

2. The application for substitution was filed within the prescribed period of limitation.

3. Hence, the application for substitution is allowed.

4. Let the legal representatives of the sole appellant as mentioned in paragraph 2 of this application be substituted in place and stead of the sole appellant.

5. The concerned department is directed to amend the cause title of the memorandum of appeal accordingly.

6. Let the vakalatnama which was filed by the substituted appellants along with application for substitution, be treated as a vakalatnama filed by them in the appeal.

Re: CAN 2130 of 2017

7. The instant appeal is a time barred appeal. There was 62 days delay in filing this appeal. Reason for the delay has been sufficiently explained by the appellant in the instant application for condonation of delay.

8. As a matter of fact, the appellant initially challenged





























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