NISIT MOHAN CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This Revisional Application is directed against order No. 194 dated 31st. July. 1990 passed by the learned Additional District Judge, First Court, Hooghly in L.A. suit No. 5 of 1976. The plaintiff in the said suit is the petitioner before this Court.

(2.) An application for letters of administration of the estate of Satadal Basani Devi, who died, Inning a will, became a contested cause and was numbered as a suit as above. In the said suit, the plaintiff- petitioner filed an application under Order 22 Rule 4(4) read with section 151 of the Code of Civil Procedure for exemption from substituting the heirs of deceased defendant No. 22, Jogeswar alias Sarbeswar Mukherjee, who died during the pendency of the suit, inter alia, on the ground that in spite of notice or summons, Jogeswar did not file any written statement or objection to the application for letters of administration and that the date of death of said Jogeswar, till the date of the said application, was not known to the plaintiff-applicant. The plaintiff also filed another application, inter alia, seeking to amend the description of present opposite party No. 9, who was also a defendant in the said suit, by bringing on record the fact of attainment of majority by him.

(3.) The impugned order has two parts; by the first part, the application for amendment of the description of Achinta Kumar Chatterjee, present opposite party No. 9, has been allowed subject to pre-condition of payment of cost of Rs. 200.00 by the second part of the order, the plaintiff's prayer for exemption from substitution, in piece and stead of deceased Jogeswar alias Sarbaswar leas been disallowed. The amendment to the provisions of Order 22 of the Code of Civil Procedure has added new dimension the question raised and re-consideration the existing legal position has become necessary notwithstanding the existence of Division Bench decision of this Court referred to above ratio, propounded by which, would have, but for such amendment, enabled us to dispose of the matter by following the same.