IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury C.O. 951 of 2023 Hari Shankar Yadav VERSUS Renu Yadav & Ors.

For the petitioner: Mr. Dyutiman Banerjee, Adv.

Mr. Ayan Banerjee, Adv.

For opposite party no. 1 to 3 Ms Debasree Dhamali, Adv.

Ms. Riya Ghosh, Adv.

Last Heard On: March 20, 2025 Judgment On: March 26, 2025 Biswaroop Chowdhury,J:

1. The petitioner before this Court is a defendant in a suit for declaration and permanent injunction and is aggrieved by the Order dated 19-01- 2023 passed by the Learned Court of Civil Judge (Junior Division) 3rd Court Howrah in Title Suit No. 379 of 2020. The petitioner being aggrieved by the Order dated 19-01-2023 passed by the Learned Trial Judge allowing prayer for substitution has come up with this application under Article 227 of the Constitution of India.

2. The case of the opposite party no 1, 2 and 3 in the application for substitution made under Order 22 Rule 3 CPC before the Learned Trial Court may be summed up thus:

A) That the sole plaintiff filed suit for declaration and permanent injunction.

B) That the sole plaintiff namely Shaligram Yadav died intestate on13-

04-202