CHITTARANJAN GHOSH Vs. GOPAL CHANDRA GHOSH

JUDGEMENT

(1.) These are the applications filed on December 11, 2018 by one Pritam Ghosh making composite prayer for substitution of deceased Chittaranjan Ghosh, sole appellant and respondent No. 1, Gopal Chandra Ghosh and respondent No. 2, Krishna Ghosh.

(2.) The appeal was filed by Chittaranjan Ghosh, since deceased, against the judgment and decree dated July 31, 1998 in Title Appeal No. 21 of 1998 and Title Appeal No. 22 of 1998, affirming the judgment and decree dated December 22, 1997 passed in Title Suit No. 34 of 1988 and Title Suit No. 35 of 1988.

(3.) The undisputed fact narrated in the application is that the sole appellant Chittaranjan Ghosh died intestate on 5th April 2010. Death Certificate has been obtained from Barrackpore Municipality and annexed herein reveals the date of death. A copy has been obtained on 28th April 2010 and the same has been annexed as Annexure 'P-1' and Annexure 'P-2'. The petitioners have also annexed a copy of the Death Certificate of Aloy Rani Ghosh, which reveals the date of death of widow of sole appellant Chittaranjan Ghosh on September 14, 2010. Copy of the said Death Certificate was obtained on October 27, 2010 by the present petitioners but no reason shown as to why certified copy of the death certificate was applied for so late.