SOMNATH CHATTERJEE Vs. SMT. JUTHIKA BANERJEE & ORS.

JUDGEMENT

(1.) Re : CAN 8030 of 2011. This is an application for substitution of Sanat Kumar Chatterjee, who died after passing of the judgment of the trial Court but prior to filing of this appeal leaving behind Smt. Juthika Banerjee as his legal heir and successor.

(2.) We have heard the learned Advocate for the appellant. It appears to us that due to financial stringency, the petitioner could not appear or apply before the Court in time for substitution of respondent no.1, as a result, he has come through the State Legal Services Committee. Learned Advocate, appearing on behalf of the appellant in this matter, has candidly accepted the said position and submitted that the application should be allowed on that ground, since none appears to oppose the prayer of the petitioner.

(3.) Therefore, the prayer for the appellant/petitioner is allowed by substituting Smt. Juthika Banerjee, whose details are given in paragraph 3 of the application, in place and stead of Sanat Kumar Chatterjee, since deceased. Hence, the application being CAN 8030 of 2011 is allowed. Re: CAN 8032 of 2011