SAKTI GUPTA Vs. SHANTANU GUPTA

JUDGEMENT

(1.) The instant appeal being Intestate Case No. 3 of 2000 have been preferred by the legal heirs of Late Pabitra Ranjan Gupta (since deceased) who had initially filed the Succession Certificate case under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') being Miscellaneous (S) Case No. 171 of 1995 on the file of the learned District Judge, Karimganj seeking Certificate to realize the debts and securities of his deceased brother Dr. Praphulla Ranjan Gupta, who died intestate whereby and whereunder the learned District Judge, Karimganj granted Certificate on 2.5.2000 jointly in favour of the Petitioner viz. Pabitra Ranjan Gupta along with Dr. Chitta Ranjan Gupta (on his death his legal heirs) and Smti Bidyut Prova Dasgupta, sister of Dr. Praphulla Ranjan Gupta (since deceased) or her attorney, who are the surviving legal heirs at the death of P.R. Gupta to the extent of one-third of the property described in the schedule of the petition and on realization of the total amount of Rs. 7,22,532/- (Rupees seven lakhs, twenty two thousand, five hundred and thirty two only) left by late Dr. Praphulla Ranjan Gupta, an amount of Rs. 99,000/- (Rupees Ninety Nine Thousand only) be paid to opposite party Swapan Gupta by all certificate holders as costs of Shradha Ceremony of the deceased, making it further clear that the succession certificate which would have been issued in favour of Dr. Chitta Ranjan Gupta, but for his death will be jointly issued in the name of opposite party No. 3(a)I, 3(a)II and 3(a)III, who have been substituted after death of Dr. Chitta Ranjan Gupta, during the pendency of the case. The order dated 2.5.2000 is under challenge under Section 384 of the Act.

(2.) Heard Shri C. K. S. Baruah, learned Senior Counsel assisted by Shri N. Rajkhowa, learned Counsel for the Appellants in Intestate Case No. 3 of 2001 (Respondent Nos. 1(a), 1(b), 1(c) and 1(d) in CO 4 of 2001). Also heard Shri N. Dhar, learned Counsel for Respondent Nos. 2, 3 and 4 in Intestate Case No. 3 of 2001 (Appellants in CO 4 of 2001). None appeared on behalf of Respondent Nos. 1(a), 1(b) and 1(c) in Intestate Case No. 3 of 2001 (Respondent Nos. 2(a), 2(b) and 2(c) in CO 4 of 2001).

(3.) The essential facts of the case leading up to this appeal with reference to the rank of the parties before the learned District Judge and the table of genealogy of the family in order of preference are as follows: Ramesh Chandra Gupta (since deceased) Dr. ChittaRanjan Gupta -eldest son (since deceased) PabitraRanjan Gupta - 2nd son (since deceased) (Applied for Succession Certificate) Dr. PraphullaRanjan Gupta-3rd son (Succession Certificate in regard to debts and securities of the deceased sought for) MonoranjanGupta - 4th son (since deceased) SudhangshuGupta-5th son (unmarried - since deceased) Bidyut Prova Dasgupta- daughter (since deceased) 1. ShriSwapan Gupta (son) 2. Shri Joy Gupta (son) 3. ShriSuman Gupta (son) l.Dr. ShantanuGupta (son) 2. Shri Dhiman Gupta (son) 3. Smti Sarmila Dasgupta (daughter) l.SmtiSakti Dasgupta (wife) 2. Shri Subhabrata Gupta (son) 3. Shri Debabrata Gupta (son) l.SmtiRatnaGupta (wife) (predeceased) 4.Smt lndrai Gupta(daughter)