Gopi Mohan Pal vs Bimal Krishna Dutta - 2022 Supreme(Cal) 1337

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2022 Supreme(Cal) 1337

BISWAJIT BASU
Gopi Mohan Pal – Appellant
Versus
Bimal Krishna Dutta – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ayan Banerjee, Mr. Mrinal Das, Mr. Raja Adhikary
For the Respondent: Mr. Angshuman Chakraborty

JUDGMENT :

In S.A. 33 of 2009 Re : I.A. No : CAN 2 of 2022 with CAN 3 of 2022

1. The appellant nos. 1, 2(e), 2 (f), 3(a) and 3(b) have died intestate during the pendency of the present second appeal on diverse dates.

2. Except appellant no. 3(a), who died on December 05, 2021, all the above mentioned appellants died long back but their heirs and legal representatives were not brought on record within this long period as a consequence the appeal has abated so far as it relates to the said deceased appellants.

3. These are applications for substitution of the heirs and legal representatives of the said deceased appellants in the present second appeal and condonation of delay thereto.

4. Mr. Ayan Banerjee learned advocate for the appellants submits that there was lack of communication between the appellants and their erstwhile advocate which resulted delay in filing the application for substitution.

5. Mr. Angshuman Chakraborty, learned advocate for the respondents vehemently objects to the prayer for condonation of delay, he submits that the explanation offered in the application is not only unbelievable but also contradictory to the materials-on-record. He further submits that the delay i