SHYAMSUNDAR DUTTA Vs. SOVARANI DUTTA

JUDGEMENT

(1.) CAN 5468 of 2016 is an application filed by one Ram Chandra Dutta, appellant No.2 (hereafter described as the applicant) stating, inter alia, that during pendency of this appeal the sole respondent died on 1st November, 2013. The applicant came to know about the date of death of the sole respondent from her Advocate on 24th July, 2014. Immediately he requested the learned Advocate for the respondent to furnish the names and addresses of the legal heirs and representatives of the sole respondent, since deceased. Learned Advocate for the respondent, since deceased supplied the names of the legal heirs and representatives of the deceased respondent by a letter dated 11th May, 2016. Subsequently on 6th June, 2016 the appellant No.2 has filed the instant application praying for substitution of the deceased respondent No.1 by her legal heirs and representatives.

(2.) On 19th January, 2017 the appellant No.2/applicant has filed another application which was registered as CAN 618 of 2017 praying for setting aside abatement of the appeal due to the death of the sole respondent on 24th July, 2014 on condonation of delay of 826 days. It is pleaded by the applicant in the said application that there was no intentional latches on the part of the appellant No.2/applicant as he was not aware about the date of death of respondent as well as the names and addresses of her legal heirs and representatives he could not file the application for substitution within statutory period of time. As soon as he received the intimation regarding the names and addresses of the legal heirs and representatives of the deceased sole respondent, he filed the application for substitution of the deceased respondent by his legal heirs and representatives.

(3.) CAN 6576 of 2016 is another application filed by the said appellant No.2/applicant praying for setting aside abatement for non-substitution of sole respondent, since deceased, by his legal heirs and representatives. CAN 6575 of 2016 is another application under Section 5 of the Limitation Act praying for condonation of delay in making the application for setting aside of abatement of appeal.