ASHAMANI BHANJA Vs. SISIR KUMAR BHANJA

JUDGEMENT

(1.) CMP No.599 of 2024 and I.A. No.640 of 2024 : This matter is taken up through Hybrid Mode.

(2.) It is submitted by Mr. Suvendu Kumar Ray, learned counsel appearing for the petitioners that defendant no.4 son of plaintiff before the trial Court has been transposed as plaintiff no.2 as the plaintiff is dead. He submitted that the trial Court, having given opportunity to the defendant no.2, one of the sons of the deceased plaintiff-mother, has not given opportunity to defendant no. 4, arrayed as plaintiff no.2, after the death of his mother-original plaintiff. The petitioner filed a petition under Sec. 151 of Code of Civil Procedure for rectifying the procedural irregularity.

(3.) It is submitted that if the plaintiff no.2, the petitioner is not given opportunity to lead evidence by the trial Court to prove whether the suit property is joint family or otherwise, serious prejudice would ensue.