JUDGMENT

Partha Sarathi Chatterjee, J.

1. The present appeal has been preferred challenging the judgment and decree dated 20th June, 2022 passed by the learned Judge, III Bench, City Civil Court, Calcutta in Title Suit no. 981 of 2017 (Smt. Saroj Gupta & Ors. –vs- Sanjay Kumar Gupta) whereby the learned Court below dismissed a suit preferred by the appellants/plaintiffs seeking a declaration as regards the death of the husband of the plaintiff no. 1 and the father of the plaintiff nos. 2, 3, 4, 5 & 6, who has not been heard of for more than 7 years by persons, who would have heard of him if he had been alive. In the impugned judgment and decree, it was, however observed that ‘the plaintiffs, if so advised, are at liberty to file a fresh Suit, seeking such declaration, by incorporating or adding necessary parties therein’.

2. Capsulated form of facts giving rise to this appeal is as follows :

i. That the plaintiffs being the legal heirs of one Sanjay Kumar Gupta has filed one suit against Sanjay Kumar Gupta seeking primarily the following relief :

‘a decree of declaration that the defendant being husband of the plaintiff No. 1 and father of the plaintiff Nos.