STATE OF WEST BENGAL Vs. KAMAL GHOSH

JUDGEMENT

(1.) A much delayed appeal was filed in this court. The delay was of about 1573 days. An application for condonation of delay accompanied the memorandum of appeal.

(2.) However, as alleged by Ms. Pompy Bose, learned advocate for the respondent no. 1 and not controverted by the appellant, the said respondent was dead at the time of filing of the appeal. He died on 27/2/2017 as would be evident from the records of the proceedings before the learned court below in execution, copies whereof were handed over to us. Order XXII of the Code of Civil Procedure applies to death, marriage and insolvency of parties. Rule 11 lays down that the Order applies to appeals as much it does to suits.

(3.) If during pendency of a suit or appeal, the defendant or respondent dies then the procedure under Order XXII Rule 4 of the Code has to be adopted to substitute his legal representative as a party.