SMT. SABITA ROY Vs. SHYAMAL KUMAR DAS

JUDGEMENT

(1.) The Court : This partition and administration suit is at the instance of Smt. Sabita Roy, Smt. Kabita Basak and Abhijit Khan, who claims to have 1/6th share each in the joint undivided property left by Smt. Mukta Bala Das. By an order dated 29th November, 2016 this Court recorded that plaintiff has complied with Court's earlier order dated 23rd September, 2016 whereby the parties were directed to effect disclosure, discovery and inspection of the documents. No one appeared on behalf of the defendants on 29th November, 2016. It was recorded that the defendants already admitted the immovable properties for its partition in their written statement. The matter was directed to be posted on 7th December, 2016 for framing of issues. By an order dated 7th December, 2016 following issues were framed -

(2.) The matter was directed to be listed on 21st December, 2016 for inspection, discovery of documents, if any, by and between the parties. By a separate order dated 13th January, 2017 this Court observed that since there is no representation on behalf of the defendants. The matter was directed to be listed under the heading "undefended suit" on 17th January, 2017. Thereafter, the matter appeared in the list on several occasions but time to time prayer for adjournment was made on behalf of the plaintiff. Plaintiffs' case may be summarized as follows :

(3.) Plaintiffs and defendants are legal heirs and descendants of Smt. Mukta Bala Das. Smt. Mukta Bala Das died on 23rd July, 2009 leaving behind her daughter, Pushpa Khan, since deceased, and the plaintiff nos. 1 and 2 and the defendants. Plaintiff nos.1 and 2 and the defendants are uterine brothers and sisters. Plaintiff no.3, Abhijjit Khan is the son of Pushpa Khan, eldest and predeceased daughter of Mukta Bala Das. Pushpa Khan died on 16th March, 2005. The plaintiffs have claimed partition of A, B and C Scheduled properties claiming 1/6th share in each item whether movable or immovable.