IN THE HIGH COURT AT CALCUTTA EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE I.A. GA 3 of 2025 E.O.S. No. 42 of 1999 Sarvesh Kumar Chowdhury & Anr.

Vs.

Sri. Sambhu Chanran Ghosh BEFORE:

THE HON’BLE JUSTICE BISWAROOP CHOWDHURY Date: April 29, 2025.

Appearance:

Mr. Mohit Gupta, Adv.

Mr. J. Sarkar, Adv.

Mr. A.P. Agarwalla, Adv.

For the petitioner.

This is an application for substitution filed by the plaintiffs with a prayer for recording the death of the original defendant, Sri Sambhu Charan Ghosh and to substitute – the legal heirs of the deceased defendant mentioned in paragraph 19 of the affidavit in support of Masters’ Summons as defendant no 1(a) and 1(b) after condoning the delay and setting aside abatement. A further prayer to amend the plaint by reflecting substitution of legal heirs of the deceased defendant to reflect majority of plaintiff no-1(a) as shown Red ink in Annexure ‘G’ and for leave to re-verify and re-affirm the plaint after amendment and to cause service of the amended plain upon the substituted heirs of the Original defendant, and for fixing a date for hearing GA – 2 of 2025.

It is the contention of the plaintiff/petitioner that the instant suit was filed by t