MOTILAL RAKSHIT Vs. TARASUNDARI RAKSHIT

JUDGEMENT

(1.) In this application the plaintiff/petitioner has prayed for recording the death of the opposite party No. 1 with the noting that the legal representative of the said opposite party No. 1 is already on record as opposite party No. 2.

(2.) The opposite party No. 1 died intestate on 28th February, 2010. A death certificate has also been enclosed to this application. Since the legal representative of the said opposite party is already on record as opposite party No. 2 therein, no formal application for substitution is required to be filed. Accordingly, the application filed by the petitioner for recording the death of the opposite party No. 1, stands allowed. Let the death of the opposite party No. 1 be recorded with a note that the only legal representative of the said opposite is already on record as opposite party No. 2 in the instant revisional application.

(3.) This application under Article 227 of the Constitution of India is directed against an order dated 26th September, 2008 passed by the learned Additional District Judge, Fast Track Court-2, Howrah, in Miscellaneous Appeal No. 108 of 2006, by which the order of appointment of receiver over the 'C' Schedule properties at Jajpur, Orissa, passed by the learned Trial Judge, was affirmed in appeal. The plaintiff is aggrieved by the said order. Hence the plaintiff has come before this Court with this application under Article 227 of the India.