ON THE DEATH OF JAIBENDU JYOTI PATGIRI HIS LEGAL HEIRS SMTI BINA PATGIRI WIFE AND ANOTHER Vs. ATINDRA KUMAR CHOUDHURY AND OTHER

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, the learned counsel for the appellants, as well as Mr. B.D. Das, learned Senior Counsel, assisted by Mr. H.K. Sarma, the learned Counsel appearing for the respondents.

(2.) This appeal under Section 96 of the Code of Civil Procedure (CPC for short) , is preferred by the appellants against the judgment and decree dated 17.05.2012, passed by the learned Civil Judge, Goalpara in Title Suit No.5/2009.

(3.) Be it mentioned that during the pendency of this appeal, the appellant No.1 namely, Jaibendu Jyoti Patgiri had died and, a such, his wife who was already impleaded as Appellant No.2 and his daugher's name were impleaed as substituted appellants. Nonetheless, for the sake of clarity, it is mentioned that any reference to appellant No.1 in this order would mean Jaibendu Jyoti Patgiri, the appellant No.1.