SK. ASFAR ALI Vs. SK. ASGAR ALI

JUDGEMENT

(1.) The impugned order No. 37 dated 26th March, 2021 passed by learned Civil Judge (Senior Division), Additional Court, Hooghly in Misc. Case No. 20 of 2019 arising out of Title Suit No. 370 of 2018, directing the petitioners/opposite parties to furnish information regarding the names and addresses of legal heirs of deceased defendant No.7/opposite party No.7, after rejecting the prayer of the petitioners dated 10.12.2020, under 151 of the Code of Civil Procedure, for recording the abatement, as against defendant No.7/opposite party No.7, who left this world on 14.05.2018, is subject of challenge in this revisional application.

(2.) Original Title Suit No. 88 of 2014, subsequently transferred and renumbered as Title Suit No. 370 of 2018, had already been dismissed for default by order dated 04.04.2019. Seeking restoration of the suit, opposite party/plaintiff registered Misc. Case No. 20 of 2019 under Order IX Rule 9 of the Code of Civil Procedure.

(3.) In connection with Misc. Case, opposite party Nos. 1 to 6 field a petition dated 10.12.2020, seeking recording of abatement order as against the defendant No.7/opposite party No.7, namely Sri Mandan Baul Das, who died on 14.05.2018, on the ground that legal heirs of defendant No.7/opposite party No.7 could not be substituted by resorting to the provisions available for substitution within the time provided under the law.