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2016 Supreme(Gau) 270

N.CHAUDHURY
On the death of Plaintiff No. 1, his legal heir Sri Nani Gopal Das – Appellant
Versus
Mustt. Fulofa Begom – Respondent


Advocates Appeared:
For the petitioners:Mr. N. Dhar, Advocate

JUDGMENT :

1. Heard Mr. N. Dhar, learned counsel for the petitioners.

2. This application under Article 227 of the Constitution of India has been filed challenging the correctness or otherwise of the order dated 08.04.2016 passed by learned Munsiff No.1, Cachar at Silchar, in Title Suit No.599/2006. By that order the learned trial Court rejected an application for substitution of the legal heirs of deceased defendant No.3(2) of the aforesaid suit. The plaintiff having come to know about the death of defendant-respondent No.3(2) filed an application for substitution without disclosing the date of death of the deceased respondent. But in course of consideration of the application it came to light that the application had been filed after the suit had abated as against the non-impleaded legal heirs of the deceased respondent No.3(2). Since no application for setting aside abatement or for condonation of delay was filed either along with the application for substitution of legal heirs of deceased respondent No.3(2) the learned Munsiff rejected the prayer in entirety. Challenging the validity of the order the present revision petition has been filed.

3. Having heard Mr. N. Dhar, learned co

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