DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M.A- 353/2018

Arising Out Of E.A- 142/2013

Date of Filing:                                                                                                Date of Disposal:

30.11.2018                                                                                                       30.11.2018 

Dhr :-                            1.       Smt. Nibedita Mukherjee,                          

W/o. Late Debasish Mukherjee,                                   

238/1, Gopal Lal Thakur Rd,                                    

P.O. Baranagar, Kol-36, 

P.S. Baranagar, 24 Pgs(N).                              

=Vs=

Jdrs :-                            1.       M/s. Elegant Construction,

a proprietorship firm

having its office at 32/B

B.T. Road, P.S. Cossipore

Kol-2, North 24 Parganas

2.       Sri Swapan Sen (Deceased)

S/o. Late Nirmal Sen

Represented by his legal heirs

1. Priyanka Sen

W/o Late Swapan Sen

2. Projukta Sen,

D/o Late Swapan Sen,

both residing at

49/9, B.T. road, P.S- Cossipore,

Kolkata- 700036,

District- North 24 Parganas

3.       Sri Ram Pada Das

S/o. Late Kali Pada Das

238/1,GopalLal Thakur Rd     

P.S. Baranagar, Kol-36,

Dist- North 24 Pgs.

4. (i) Smt Chobi Das,

W/o Lt Anand Mahan Das

4. (ii)  Sri Ashis Das

 S/o Lt Anand Mahan Das,

4. (iii) Smt. Mithu Das(Biswas),

4. (iv)  Smt. Mon Das(Laha),

4(i) to (iv) residing at

104/14, Gopal Lal Thakur Road

 P.S- Baranagar,

 Kolkata – 700036.                              

Cont…………………2

:2:

P R E S E N T   :-       Smt. Silpi Majumder  ……………………………………Member.

  :-       Smt. Monisha Shaw …………………………………….Member.

Order No- 43

          This order is arising out of the MA being no- 353/2018 in the E.A no- 142/2013 filed by the Dhr in the EA 142/2013 praying for substitution of the name of the Jdr 3, since deceased by his legal heirs in the cause title of the present EA. In the application the Dhr has stated that during pendency of the instant EA the Jdr 3 died leaving behind his two sons whose names and address are given in the Schedule below as his legal heirs and representatives. For proper and effective adjudication of the present EA the names of the Legal heirs of the Jdr 3, since deceased are required to be substituted in the cause title of the EA. According to the Dhr if this application is not allowed the Dhr will suffer irreparable loss and injury and accordingly prayer is made by the Dhr for allowing this application.

          Upon receipt of the said application the Jdrs did not raise any objection stating that admittedly if substitution is not made in respect of Jdr 3, who expired in the mean time, the execution application cannot be properly adjudicated upon.

Upon considering the abovementioned submissions as advanced by the Ld. Counsel for the parties it is seen by us that admittedly until and unless the legal heirs of the Jdr 3 are incorporated in the cause title of the present EA, the present EA cannot be adjudicated upon in a proper manner in accordance with Law.

Therefore we are of the opinion that this application filed by the Dhr has much substance and hence the MA being no- 353/2018 is hereby allowed on contest without any cost.

          Fix  11.03.2019  for filing amended EA showing incorporation of the names and addresses of the legal heirs of the Jdr 3, since deceased, in the cause title of the EA and E/R of W/A in respect of Jdr 4(i), 4(ii), 4(iii) and 4(iV)

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Member                                                                                                                   Member                                                                                      

Dictated & Corrected by