MC 2993/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. MK Choudhury, Senior Advocate assisted by Mr. M Dutta, Advocate for th e applicant and Mr. Doley, Advocate assisting Mr. J Chutia, Advocate for the opp osite party. On being queried by this Court, Mr. Doley, submits on instructions that he appea rs on behalf of the opposite party sought to be brought on records as the heirs and legal representatives of the original defendant, Munindra Prasad Borthakur ( since deceased). After hearing the learned counsel for the parties and on a consideration of the averments made in the application, the opposite party, whose names and particula rs figure in paragraph 4 of the application, are allowed to be substituted in pl ace of their aforenamed predecessor-in-interest. It is submitted at the Bar that Munindra Prasad Borthakur had expired after the judgment and decree was passed by the learned trial court and before the appeal has been filed before this Court. In the facts and circumstances of the case, in absence of legal impediment brought to the notice of this Court, the substituti on, as above, is allowed. The miscellaneous application stands allowed.