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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Ashoka Dubey – Appellant
Versus
Arjun Dey – Respondent
JUDGMENT
Soumen Sen, J. - This second appeal has come up for admission. The appellant is aggrieved by the judgment and decree dated 14th august, 2019 passed by the Civil Judge (Sr. Div.) Kandi, Murshidabad in Title appeal No. 15 of 2016 (CIS registration no. 34 of 2016) by which the judgment and decree dated 7th January, 2016 passed by the learned Civil Judge (Jr. Div.) 1st Court, Kandi, Murshidabad in other Suit no. 125 of 2001 was affirmed.
Mr. Saptangshu Basu, the learned Senior Counsel submitted on behalf of the appellants submits that in view of the decision of the co-ordinate bench in Kanailal Manna & Ors. v. Bhabataran Santra & Ors. reported in aIR 1970 Cal 99 the Trial Court decree is required to be sent down to the trial court for necessary rectification and/or correction of decree as the trial court decree was passed after the death of the 6th and 7th defendants. It appears from record that the suit was filed in the year 2001 and decreed on 7th January, 2016. The defendant nos. 6 and 7 died on 5th august, 2013 and 24th December, 2005 respectively i.e. after the institution of the suit but before the decree was passed. However, we propose to hear the admission of appeal in o
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