DEBANGSU BASAK, J.:-

The partition suit relates to the division of the estate left behind by Moni Mohon Dutta since deceased. Late Moni Mohon Dutta was survived by his widow, the original Plaintiff No. 1, four sons being the Plaintiff No. 2, Defendant Nos. 1, 2 and 3 and one daughter, the Defendant No. 4, as his heirs and legal representatives.

The suit was filed by the widow of late Moni Mohon Dutta as the Plaintiff No. 1, and one of his sons the Plaintiff No. 2, against the other heirs and legal representatives. The widow died on September 18, 2003. The Defendant No. 1 died on August 24, 2005. The Defendant No. 1 was survived by the Defendant Nos. 1A and 1B. Consequent upon the death of the parties, the cause title to the plaint was amended. The parties had disclosed various documents. The plaintiff had produced one witness at trial. The Defendant No. 1A and 1B had produced one witness and the Defendant Nos. 5, 6 and 7 produced one witness. At the time of hearing of the arguments of the parties, none appeared on behalf of the plaintiff to make any submission.

Mr. Haradhan Banerjee, learned Advocate for the Defendant Nos. 1A and 1B contends that, Moni Mohon Dutta died seiz