PROCHY N. MEHTA Vs. NOSHIR TANKARIWALA

JUDGEMENT

(1.) The applicant, "Parsi Zoroastrian Association, Calcutta" has filed the present application for initiation of proceeding under Sec. 340 of the Code of Criminal Procedure against the plaintiffs for commission of offence under Sec. 193/209 of the Indian Panel Code.

(2.) Mr. Phiroze Edulji, learned Advocate representing the applicant submits that the applicant had initially filed an application being G.A. No. 8 of 2023 praying for dismissal of the suit as the plaintiff has not taken any steps for recording the death of defendant No.1 and substitution of the legal heirs of the defendant no.1.

(3.) Mr. Phiroze Edulji submits that after receipt of the copy of G.A. 8 of 2023, the plaintiffs have filed an application being G.A. No.9 of 2023 for recording the death of defendant no.1 and substitution of the legal heirs of the defendant No.1.