AMAN ROY Vs. DULALPADA ROY

JUDGEMENT

(1.) THIS revisional application is directed against an order no. 277 dated 3.12.2009 passed by the 2nd Additional Civil Judge (Junior Division) Diamond Harbour, in Title Suit No. 55 of 1999 by which an application under section 151 of the Code of Civil Procedure is allowed.

(2.) THIS is a suit for declaration of title and permanent injunction. During the pendency of the suit several defendants died including the defendant no. 21. The trial court fixed a date for disposal of all the applications which were filed by the plaintiff/opposite party on the death of the several defendants. The trial court allowed all the applications excepting the application for substitution of the legal heirs of the deceased defendant no. 1. Consequent thereupon, the trial court recorded the abatement of the suit as a whole.

(3.) MR. Susanta Kumar Mukherjee, learned Advocate appearing for the opposite party submits that the application for substitution was filed within time but the said application could not be traced in the record and as such the subsequent application was filed which was dismissed by the trial court. Subsequently the said application is found and as such the litigant should not suffer by mistake of the court.