IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Hiranmay Bhattacharyya

C.O. 2839 of 2025 Namita Das & Ors.

Vs.

Sri Uma Kanta Purkait & Ors.

For the Petitioner : Mr. Mrinal Kanti Ghosh

Mr. Chandra Nath Sarkar

Mr. Sounak Mandal

Heard on : 08/08/2025 Judgment on : 08/08/2025

Hiranmay Bhattacharyya , J. :

1. This application under Article 227 of the Constitution of India is

at the instance of the heirs of the respondent No.4 and is directed against the order dated April 21, 2025 passed by the learned Civil Judge (Sr. Div.), 2^nd Court at Baruipur, District-South 24-Parganans in Title Appeal No.32 of

2017 arising out of Title Suit No.129 of 1981.

2. By the order impugned, the application for substitution of the

heirs of the deceased respondent No.4 was allowed.

3. Mr. Ghosh, learned advocate appearing for the petitioner submits that the respondent No.4 died on February 18, 2016 and the application for substitution was filed only on April 12, 2019. He further submits that since the application was not filed within the prescribed period of limitation the appeal stood abated as against the deceased respondent No.4 and without any prayer being made for s