ANJALI GHOSE Vs. SUBOTH KUMAR GHOSE

JUDGEMENT

(1.) THE present application has been made by the appellant-wife in the pending appeal being F. A. No. 18 of 1999 for bringing legal representatives of the sole respondent Subodh Kumar Ghosh, who was the husband of the appellant. The Trial Court having allowed the application of the husband for divorce and having got decree in respect thereof, the appeal was preferred by the wife against the said judgment and decree. It appears that during the pendency of the appeal the husband respondent died intestate on 29th October,2003.

(2.) ACCORDING to the petitioner the said husband died intestate leaving behind the appellant as a sole surving Class-I heir of the schedule under section 8 of the Hindu Succession Act and accept the petitioner. The deceased also left behind his father Jogendra Nath Ghosh and his three sisters, namely, Mina ghosh, Gita Das Gupta (nee Ghosh) and Rani Das (nee Ghosh) as his legal representatives. In the present application prayer is being made for substituting and/or adding the said legal representatives of the deceased husband in place and stead of deceased and to bring them on record as respondents.

(3.) AFTER considering the application and hearing the parties it appears to this Court that ostensible simple application legally involves very interesting and important question of law.