MOYNA BHATTACHARJEE Vs. ASOKE BANERJEE

JUDGEMENT

(1.) IN spite of directions being given, no one appears to oppose this application. This is an application for granting leave to the petitioner to proceed in place and stead of the plaintiff herein, Moyna bhattacharya. Further relief has been prayed for deletion of the name of the plaintiff and incorporation of the name of the petitioner Shyamali Bhattacharya in place and stead of the plaintiff, Moyna Bhattacharya. The right, title and interest in the property has been transferred by a deed of gift. In my view, it is a clear case of devolution of interest and in such a situation there cannot be any substitution. Only leave to proceed with the suit may be granted to the transferee. Therefore, I grant leave in terms of prayer (a) of the notice of motion. However, the original plaintiff must remain and the transferee will be added as a party plaintiff. Therefore, the said order is passed. Let the plaint be amended accordingly. The application is disposed of accordingly.

(2.) THIS order will be effective provided the petitioner files a copy of the plaint suggesting the proposed amendment with the reverification within a fortnight before the department in terms of this order. If such copy of the plaint is filed, the amendment shall be carried out within a period of three weeks. In default, this application shall stand dismissed and the order passed herein shall stand recalled. Department and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.