CHITTA RANJAN MONDAL Vs. RAM KRISHNA GHOSH

JUDGEMENT

(1.) Heard the learned Advocates of both the sides. This application has arisen out of an Order dated March 29, 2012 relating to substitution on the death of the respondent No. 2 before the First Appellate Court, that is, the District Judge, Howrah in Title Appeal No. 246 of 1999.

(2.) The plaintiffs/opposite parties herein jointly filed a title suit being Title Suit No. 67 of 1981 against the defendant for eviction on the ground of, inter alia, default, reasonable requirement before the learned Civil Judge (Junior Division), 7th Court, Howrah.

(3.) The defendant/petitioner is contesting the said suit and upon consideration of the evidence on record, the learned Trial Judge decreed the suit. Being aggrieved by the said judgment and decree, the defendant preferred an appeal being Title Appeal No. 246 of 1999. That appeal was allowed in part. Thereafter, the plaintiffs preferred a second appeal being S.A. No. 621 of 2007 and the said appeal was admitted. The appeal was heard on August 4, 2011 and the judgment and decree was delivered on August 19, 2011. The Second Appellate Court remanded the matter before the learned District Judge for hearing on the ground of reasonable requirement. At that time it was pointed out that though the second appeal was heard on August 4, 2011, prior to that date, the respondent No. 2 died on May 25, 2011, that is, during the pendency of the second appeal and no prayer for substitution has been sought for. The respondent No. 2 filed an application for substitution under Order 22 Rule 3 of the CPC before the learned District Judge. That application under Order 22 Rule 3 was allowed by the impugned order and this is the subject-matter of challenge before this Bench.