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Judgment
Arindam Lodh, J
This is an application under Order 22 Rule 2 of the CPC, 1908 for substituting the legal heirs of the original -appellant, Md. Suraj Miah, in the connected second appeal being RSA 38 of 2022, who died during pendency of the appeal.
Mr. Chakraborty, learned senior counsel appearing for the appellants has submitted that when the death of the original appellant was reported, the instant application for substitution has been filed. Mr. Chakraborty, learned senior counsel has urged this court for allowing the substitution petition and incorporate the names of the legal heirs of the original appellant as appellants in the instant appeal.
Mr. T. Halam, learned counsel appearing for the respondents submits that he has no objection, if this petition for incorporation/ substitution of the legal heirs of the original-appellant is allowed, but learned counsel has submitted that the application for substitution has been filed after expiry of statutory period of 90 days.
The respondents have not filed any application for abatement. However, this court has set-aside the abatement caused subject to payment of cost of Rs.1,000/- to be paid by the appellants to Mr. T. Halam, learned counsel for the respondents. It is made clear that the cost shall be paid to Mr. Halam, learned counsel within 2 (two) weeks from today.
Accordingly, the prayer for substitution/incorporation stands allowed. The names as mentioned in the schedule of substitution in I.A. 1/2023 be incorporated in the cause title of RSA 38 of 2022.
Registry is directed to make the necessary corrections in the Memo of Appeal (RSA 38 of 2022) in accordance with the schedule of substitution provided in I.A. 1 of 2023, and list RSA 38 of 2022 after necessary corrections.
Mr. Chakraborty, learned senior counsel has sought for some correction in the cause title of the Memo of Appeal wherein the name of appellant no. 2, Jaleha Chowdhury has been wrongly typed as Jalcha Chowdhury.
Considering the submission of learned senior counsel, this court has allowed learned senior counsel to make the correction in the cause title of the Memo of Appeal.
The instant application is allowed and accordingly disposed of.