ARATI SARKAR Vs. RABIYA BIBI

JUDGEMENT

(1.) The matter is listed before us at the instance of the appellants even after the Second Appeal is admitted because of the order dtd. 29/8/2022 passed by the Single Bench while hearing an application being CAN 8 of 2022 wherein the Single Bench opined that the left out heirs and legal representatives of the deceased respondent no. 1 cannot be added as respondents in the instant appeal unless the order passed by the Division Bench allowing an application being CAN 7393 of 2018 upon recording the death of the said deceased on the score that the respondent nos. 2 and 3 are already on record as heirs and legal representatives of the said deceased, is recalled by the Division Bench.

(2.) The aforesaid application being CAN 8 of 2022 is kept pending for such reason and a point is raised before us as to whether the aforesaid application is required to be kept in suspended animation until the order passed by the Division Bench allowing the earlier application upon recording the death of the respondent no. 1 on the ground that the respondent nos. 2 and 3 being the heirs and legal representatives of the said deceased are already on record, is recalled.

(3.) The prelude to the incorporation of the provisions relating to substitution in the Code of Civil Procedure is required to be recapitulated before we embark our journey on the peripheral of the aforesaid point indicated hereinabove. The Code of Civil Procedure was enacted to consolidate and amend the laws relating to the procedure of the Court of a civil judicature which in no unequivocal terms deals with certain substantive rights created therein and the procedure to be adopted by the Court in any legal proceeding. The Code of Civil Procedure is divided broadly into two parts. The first part is relatable to various Sec. creating a substantive right into the person and the other part relates to schedule, which is procedural in nature.