JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has filed the present suit praying for a decree for a sum of Rs. 25,29,156.85/- against the defendants along with interest.

2. Sri Khagendra Pal Chaudhuri and Smt. Usha Pal Chaudhuri, both since deceased had six children in their wedlock, namely, Sri Jyotirmoy Pal Chaudhuri, the plaintiff herein, Smt. Ranu Talukdar, daughter (since deceased), Smt. Bani Roy (daughter), Sri Chinmoy Pal Chaudhuri (Son), Sri Mrinmoy Pal Chaudhuri, since deceased (son) and Smt. Sima Paul (daughter). Smt. Ranu Talukdar, one of the sister of the plaintiff died on 4th September, 1996 and one of the brother of the plaintiff, namely, Sri Mrinmoy Pal Chaudhuri died on 16th November, 2006. The wife of Sri Mrinmoy Pal Chaudhuri, since deceased being Smt. Shyamali Pal Chaudhuri also passed away on 26th July, 2008. Sri Mrinmoy Pal Chaudhuri and Shyamali Pal Chaudhuri (both deceased) had no issues.

3. Smt. Shyamali Pal Chaudhuri, since deceased died leaving behind several debts and securities. The plaintiff on behalf of his surviving brother and two surviving sisters as well as on his behalf had filed an application under Section 377 of the Indian Succession Act, 1925 before