PRAN GOPAL SHARMA Vs. JOTSWNA SHARMA

JUDGEMENT

(1.) This appeal was admitted for consideration of following substantial question of law :

(2.) Brief facts are as under :

(3.) The defendants filed a written statement in which they did not oppose the entitlement of any of the plaintiffs, except plaintiff No.1. This was on the ground that Jotswana had married Dhirendra Chandra Sharma prior to the death of his first wife. Defendants averred that Malati Goswami, first wife of Dhirendra Chandra Sharma died on 18.10.1973 whereas Jotswana got married to the deceased in the year 1970. Such marriage during the lifetime of the spouse of the deceased being void and therefore, the plaintiff No.1 Jotswana would get no share out of the property of the deceased.