SARMISTHA GUHA Vs. GOURI GUHA

JUDGEMENT

(1.) Heard the learned advocates of both the sides. This application is at the instance of the defendant and is directed against the order No. 83 dated 21.08.2013 passed by the learned District Judge at Jalpaiguri in O.C. Suit No. 2 of 2006 thereby allowing two applications, one under Order 6 Rule 17 of the CPC and the other under Order 22 Rule 3 of the CPC.

(2.) The predecessor-in-interest of the opposite parties instituted a misc. case being. Misc. Case No. 291/05 for obtaining probate in respect of the Will left by his mother contending, inter alia, that he was the sole executor of the Will.

(3.) The matter has become a contentious and as such, the said misc. case has been converted into Other class Suit No. 2/06 and the defendant/petitioner herein is contesting the said suit by filing a written statement denying the material allegations contained in the plaint. The plaintiff had adduced evidence and the evidence on behalf of the plaintiff had been closed. Thereafter, the matter was fixed for adducing evidence on behalf of the defendant/petitioner herein. At that stage, the original plaintiff died and subsequently, one of the defendants, namely, Amiya Sindhu Guha also expired and at that stage, the heirs of the executor i.e. the heirs of the original plaintiff took steps for amendment of the plaint and regularization of the suit by way of substitution of the respective parties.