SUNIL KUMAR SAHA AND ORS Vs. TAPASI SARKAR

JUDGEMENT

(1.) Heard Mr. P. K. Deka, learned counsel for the appellants on the admission of the appeals under Order 41 Rule 11 CPC.

(2.) These Second Appeals, numbered as RSA 176/2015 and RSA 177/2015 are preferred by the defendant No. 2 of the suits against the judgment and decree dated 23.12.2014, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 30/2011 and Title Appeal No. 31/2011 arising out of the common judgment dated 09.05.2011, and decree dated 16.05.2011, passed by the learned Munsiff No. 1, Barpeta, in Title Suit No. 351/2007 and Title Suit No. 8/2008. Title Suit No. 351/2007 was filed by one Mitali Das and Title Suit No. 8/2008 was filed by one Smt. Tapasi Sarkar, both being sisters of defendant No. 1 in both the suits, Prasenjit Das, who is no more. Plaintiffs and defendant No. 1 in the suits are daughters and son, respectively, of Prasanta Kumar Das.

(3.) In Title Suit No. 351/2007, the plaintiff of Title Suit No. 8/2008 is arrayed as pro forma defendant No. 18, and the plaintiff of Title Suit No. 351/2007 is arrayed as pro forma defendant No. 18 in Title Suit No. 8/2008.