GUWAHATI, India, June 3 -- Gauhati High Court issued the following order on May 3:
Heard Mr. G Goswami, learned counsel for the applicant. Also heard Mr. M H Laskar, learned counsel appearing on behalf of all the respondents.
This is an application under Order XXII Rule 9 of the Code of Civil Procedure for setting aside the abetment of MFA No. 83/2012 (UOI Vs. Kalyan Chakraborty).
It is submitted that during the pendency of MFA No. 83/2012, the counsel for the respondent has received an information that the respondent Kalyan Chakraborty had expired on 02.08.2016, and since the applicant/appellant was ignorant about the death of the said respondent, they could not file application for substitution of the legal representatives of the defendant within the limitation period and the matter was abetted.
By this application, the applicant prays for setting aside the abetment of MFA No. 83/2012.
Mr. Laskar, learned counsel appearing on behalf of all the respondents has no objection.
In view of the above, the prayer is allowed.
The abetment of MFA No. 83/2012 due to the death of respondent Kalyan Chakraborty is hereby set aside.
With the above, this I.A. stands disposed of.
Disclaimer: Curated by HT Syndication.
