SAILESH NATH PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court : The defendant no.1 is represented. This is an application for recording the death of defendant no.2 and for substitution. It appears that on 3rd March, 2017, the petitioners came to know about the death of defendant no.2 and obtained necessary particulars of the legal heirs. The petitioner was not informed by the Advocate-on-record of the defendant no.2 about the death of the defendant no.2.

(2.) Under the circumstances, there shall be an order in terms of prayers (a) and (b) of the application. The department shall carry out the necessary amendment as shown in Annexure-A to the petition within two weeks from date. Reverification shall be carried out within a week thereafter. A copy of the amended plaint along with the amended writ of summons shall the lodged with the office of the Sheriff within two weeks thereafter.

(3.) However, defendant no.1 is represented by Mr. Anirban Dutta, Advocate. The learned Advocate waives formal service of the writ of summons upon the defendant no.1. However, a copy of the amended plaint together with the writ of summons shall be served upon Mr. Anirban Dutta within a week from the date of amendment of the plaint. The defendant no.1 shall file the written statement within three weeks from the date of service of a copy of the amended plaint. The aforesaid directions are peremptory.