07.08.2025 IN THE HIGH COURT AT CALCUTTA Court No.25 CIVIL REVISIONAL JURISDICTION Item No.84 sudipta APPELLATE SIDE C.O. 871 of 2021 With CAN 1 of 2023 Reba Das & Ors.

Vs.

Maloti Das & Ors.

Ms. Somoshree Saha …for the petitioners Mr. Mrityunjoy Goswami Mr. Parikshit Goswami …for the opposite parties

1. Present petition has been challenged assailing the order dated 17^th December, 2019 whereby the application was moved under Order 1 Rule 10(2) of CPC by the appellant for adding the legal heirs of Late Khedi Das as respondent in this appeal was rejected, inter alia, on the ground that the appeal had already been abated.

2. The facts as emerged from the record are that petitioner / appellant was the defendant in original Title Suit No. 345 of 1995. The said suit was decreed against the petitioner / appellant vide order dated 29th March, 2018 and 12th April, 2018. Late Khedi Das was plaintiff No. 5 in the original Title Suit. In the appeal, Late Khedi Das was impleaded as respondent no. 8. The appeal challenging the decree in Title Suit was filed on 4^th May, 2018. During the pendency of this appeal, the death of opposite party no. 8 was communicated before the learned Appellate Court on 23