PRANAB DAS Vs. PRADIP DAS AND ORS.

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree dated 8th May, 2015 passed by the Learned Civil Judge (Senior Division) 9th Court at Alipore in Title Suit No. 29052 of 2012, at the instance of the plaintiff/appellant.

(2.) The plaintiff's suit for partition was dismissed on contest by holding, inter alia, that the suit is a premature one as the plaintiff has not been able to prove the death of his father through whom he is claiming title in the suit property by inheritance. The learned Trial Judge has held that neither any death certificate has been produced to prove the death of his father nor the civil death of the plaintiff's father has been pleaded and/or proved by the plaintiff in the suit.

(3.) The legality and/or propriety of the said judgment and decree is under challenge in this appeal before us.