MANU KAR & ORS Vs. HIRONMOY DAS

JUDGEMENT

(1.) A note of defect in the appeal was given by the stamp reporter in his report dated 12th May, 2017. It is mentioned therein that the defendant No. 1 neither finds place in the decree on appeal nor in the cause-title of the instant appeal.

(2.) Mr. Chatterjee, learned advocate appearing for the appellants submits that the defendant No. 1, namely, Maya Rani Kar died during the pendency of the suit and all her heir and heiress were on record before the learned Trial Court. Since, Maya Rani Kar died during the pendency of the suit, her name was not mentioned in the decree drawn up by the learned First Appellate Court.

(3.) We, thus hold that for non-inclusion of said Maya Rani Kar as party respondent in this appeal, the appeal cannot be held to be defective.