Advocates:
['D DEB', '', 'Mr D R CHOWDHURY', 'Ms B SUR']

Case No :CMAppl.(CRP) 0000067/2015

Party Name : NIRMAL KANTI ROY BARMAN & ORS Vs MRINAL KANTI ROY BARMAN &

ORS

THE HONBLE MR JUSTICE U. B. SAHA

The instant application is filed under section 5 of the Limitation Act for condonation

of delay of 382 days in filing the petition for substitution of legal heirs of the deceased

petitioner No.1 Nirmal Kanti Roy Barman @ Barman Roy, who died on 14.02.2014.

Heard Mr. DR Choudhury, learned counsel for the petitioners and Mr. S Deb,

learned Sr. counsel and Mr. P Dutta learned counsel for the respondent No.1.

Mr. Choudhury while urging for condonation of delay would contend that the

present petitioners earlier filed one application for addition of parties, but

subsequently, the same was withdrawn on 09.04.2015 and thereafter the learned

counsel of the present applicant-petitioners contacted with the petitioner No.2

Partha Roy Barman, but as he was out of station for his business purposes for long

time, he could not meet with his learned counsel. Only on 30.05.2015, he met with

the learned counsel, Mr. DR Choudhury and placed the names and addresses of the

legal heirs of the deceased petitioner No.1 for which there was a delay of 382 d