Altamas Kabir, J.

The appellant in F.A. No. 158 of 1995, Smt. Abhra Sinha, was one of the joint depositors along with one Jogendra Nath Das in respect of a fixed deposit of Rs. 1 lakh, under Fixed Deposit Receipt No. 780406, issued by M/s. India Explosive Ltd. in the name of Jogendra Nath Das as the first depositor and Smt. Abhra Sinha as the joint depositor for a term of three years. Shri Jogendra Nath Das died on 7th April, 1983, leaving Smt. Abhra Sinha as survivor in respect of the said fixed deposit.

2. On the death of Shri Jogendra Nath Das one Shri Arun Kanti Ghose applied for Letters of Administration under section 276 of the Indian Succession Act before the learned District Judge, Malda, in respect of the properties mentioned in the Will of the deceased Shri Jogendra Nath Das, including the amount indicated in the fixed deposit receipt and the same was numbered as O.C. Suit No. 4 of 1984. The said O.C. Suit No. 4 of 1984 was disposed of by the learned District Judge, Malda, by his judgment and decree dated 11th September, 1987, wherein the learned District Judge held that Shri Arun Kanti Ghose and the other plaintiff, Smt. Arati Ghosh, had been able to prove the due