Research › Search › Judgment

Calcutta High Court · body

2014 DIGILAW 1094 (CAL)

Ajijur Rahaman v. SK. Abdul Jabbar

2014-11-21

SUBHRO KAMAL MUKHERJEE, SUBRATA TALUKDAR

body2014
JUDGMENT : 1. No one appears when the matter is called on. Seen the office report dated July 19, 2014. Re : CAN 8590 of 2013 We are of the opinion that the application for substitution (CAN 8590 of 2013) ought to have been allowed by the learned Registrar (Administration) in stead of directing the petitioner to file photocopy of the death certificate and for affidavit of service. 2. Under Chapter V, Rule 25 of the Appellate Side Rules, in case of death of a party, an application, supported by an affidavit, shall be filed for an order of amendment of the memorandum of an appeal consequent on the death of a party including a party whose heirs are, already, on the record. 3. Same principles apply in relation to the revisional application. 4. The application for substitution consequent upon the death of the sole petitioner, namely, Sk. Ajijur Rahaman, is filed supported by an affidavit. It is stated in the application that the sole petitioner died intestate on November 12, 2012 leaving behind him his widow, six sons and a daughter. 5. The requirement of filing photocopy of the death certificate was unnecessary inasmuch as under the said Rules an affidavit is sufficient. There is no requirement of filing of a death certificate. 6. Ordinarily, therefore, in case of an application for substitution, office should not demand death certificate as a matter of course. 7. The opposite parties have not yet appeared. Therefore, it is unnecessary to give notice of this application for substitution on the opposite parties when such application is filed within time. 8. Service of notice of this application for substitution on the opposite parties is, therefore, dispensed with. 9. The sole petitioner, Sk. Ajijur Rahaman, died intestate on November 12, 2012 leaving behind him his widow, six sons and a daughter. They are, also, sui juris and major and right to proceed with the revisional application survives with them. 10. Therefore, we allow this application for substitution and direct substitution of the said heirs and legal representatives of the deceased sole petitioner, Sk. Ajijur Rahaman, as mentioned in the cause title of this application for substitution. 11. The office is directed to carry out necessary amendments in the cause title of the revisional application. 12. We make no order as to costs. Application is allowed.