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2021 Supreme(Cal) 355

SUBHASIS DASGUPTA
Sk. Asfar Ali – Appellant
Versus
Sk. Asgar Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bhudeb Chatterjee, Mr. Sanjib Kumar Ghosh, Adv.
For the Respondents: Mr. Sounak Bhattacharya. Adv/

JUDGMENT :

Subhasis Dasgupta, J.

1. The impugned order No. 37 dated 26th March, 2021 passed by learned Civil Judge (Senior Division), Additional Court, Hooghly in Misc. Case No. 20 of 2019 arising out of Title Suit No. 370 of 2018, directing the petitioners/opposite parties to furnish information regarding the names and addresses of legal heirs of deceased defendant No.7/opposite party No.7, after rejecting the prayer of the petitioners dated 10.12.2020, under 151 of the Code of Civil Procedure, for recording the abatement, as against defendant No.7/opposite party No.7, who left this world on 14.05.2018, is subject of challenge in this revisional application.

2. Original Title Suit No. 88 of 2014, subsequently transferred and renumbered as Title Suit No. 370 of 2018, had already been dismissed for default by order dated 04.04.2019. Seeking restoration of the suit, opposite party/plaintiff registered Misc. Case No. 20 of 2019 under Order IX Rule 9 of the Code of Civil Procedure.

3. In connection with Misc. Case, opposite party Nos. 1 to 6 field a petition dated 10.12.2020, seeking recording of abatement order as against the defendant No.7/opposite party No.7, namely Sri Mandan Baul Das,

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