BASUDEB DEY Vs. SWATI DEY

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the order No. 20 dated August 13, 2008 passed by the learned Civil Judge (Senior Division), Siliguri in Money Suit No. 44 of 2005 thereby allowing an application under Order 22 Rule 3 of the Code of Civil Procedure.

(2.) The short fact is that the original plaintiff filed the Money Suit No. 44 of 2005 for damages for malicious prosecution and defamation. In that suit, the plaintiff contended that the defendant filed a petition of complaint which contained certain allegations which were false and incorrect and that the defendant filed the said petition of complaint maliciously and to defame the plaintiff in the eyes of the public, his colleagues and friends. The plaintiff filed the said money suit claiming Rs. 50,00,000/- for damages/compensation for defamation of the plaintiff by instituting a false case maliciously. Subsequently, the plaintiff died on June 22, 2008 leaving the opposite parties as his legal heirs. Thereafter, the opposite parties filed an application under Order 22 Rule 3 of the Code of Civil Procedure for substitution of the names of the plaintiffs in place of the deceased original plaintiff. In the said suit, that application having been filed within the time limit, was allowed by the learned Trial Judge. Being aggrieved, the defendant/opposite party has preferred this application.

(3.) The point that arises for decision is whether the impugned order can be sustained.