Extracted from the PDF above. The PDF is authoritative.
17th March, 2025 (AK) 05
F.A.T 419 of 2016 IA No: CAN 1 of 2021 CAN 2 of 2023
Bazlul Haque and others Vs. Nurul Islam
Mr. Sujit Kumar Ghosh ...for the appellants.
In Re: CAN 1 of 2021
1. CAN 1 of 2021 is an application for substitution of the heirs and legal representatives of the deceased sole respondent Nurul Islam.
2. We find from the averments made in the application that the entire period of delay in filing the application is covered by the Pandemic relaxations granting extension of time to file appeals, applications, etc. by several successive orders of the Supreme Court.
3. Hence, the application is treated to be in time.
4. Accordingly, CAN 1 of 2021 is allowed, thereby directing substitution of the heirs and legal representatives of the deceased sole respondent Nurul Islam, as indicated in the cause title and paragraph no.5 of the application.
5. Necessary consequential amendments shall be incorporated in the cause title of the Memorandum
2 of Appeal by the learned Advocate-on-record for the appellants during the course of the day.
6. There will be no order as to costs.
7. We find from the affidavit-of-service in respect of the application for condonation of delay in preferring the appeal, which is on record, that only the postal receipts regarding service of the applications on two of the substituted respondents has been annexed thereto.
8. Thus, we are not satisfied regarding the service of the application for condonation of delay on all the substituted respondents.
9. Accordingly, the appellants shall serve copies of CAN 2 of 2023 on all the substituted respondents indicating that CAN 2 of 2023 shall be listed next on April 8, 2025 under the same heading.
10. A fresh affidavit-of-service in that regard shall be filed by the appellants on the returnable date.
(Sabyasachi Bhattacharyya, J.)
(Uday Kumar, J.)