Today is fixed for hearing of the limitation matter and for filing written objection.
Ld. Advocates of both sides are found ready.
Heard Ld. Advocates of both sides. Considered submission.
It appears from the case record that no written objection has been filed against the above noted petition which is filed under section 5 of Limitation Act.
On close scrutiny of the materials of the case records it appears that due to delayed receiving of the death certificate of Purab Kumar Ghosh the applicants failed to file the substitution petition within time and for that reason the applicants have filed this petition for condonation of delay.
After going through the materials of the case records it transpires that there is sufficient reason for delayed file of the substitution petition.
Considering all the above noted factors the prayer for condonation of delay of the applicants is allowed on contest.
Now the substitution petition which is filed by the applicants is taken up for consideration.
Over this issue. Heard both sides. Considered submission.
Perused the substitution petition and it appears that there is sufficient ground this prayer for substitution. In view of this position and for the interest of proper and complete adjudication of the case, the prayer for substitution is allowed.
Let the names of Smt. Mandira Ghosh, W/o Late Purab Kumar Ghosh and Sri Arnab Ghosh son of Late Purab Kumar Ghosh be incorporated in C.C.Case no.88/2019 in place of Sri Purab Kumar Ghosh who is the complainant of the C.C.case . Let the petition of complaint be rectified and / or amended to this extent.
Thus the M.A case no.71/2022 be and the same is allowed on contest.
Let the case record of M.A case no.71/2022 be tagged with C.C.no.88/2019.
No order is passed as to cost.