The Court: This appeal is directed against a judgment and decree dated April 25, 2024, passed by a learned Judge of this Court in CS/191/2012, a suit filed by the present respondent no. 1.

Shorn of unnecessary details, the brief facts of the case are that the respondent/plaintiff is the brother of one Mrinmoy Pal Chaudhuri. Shyamali Pal Chaudhuri was Mrinmoy’s wife. The defendant no. 2 in the suit is the sister of Shyamali, since deceased. Mrinmoy pre-deceased Shyamali. Shyamali died in July, 2008. Mrinmoy and Shyamali did not have any children.

Shyamali died intestate. Jyotirmoy applied for succession certificate in respect of the properties left behind by Shyamali. The properties of Shyamali included a bank account held with Citibank, Chowringhee Branch, wherein there was substantial sum of money in the region of Rs.26 lakh.

Succession certificate was granted in favour of Jyotirmoy by the Alipore Court in a proceeding which Sonali (defendant no. 2) contested.

Jyotirmoy says that the factum of pendency of the application for succession certificate filed by him was made known to Citibank by writing a letter. After the succession certificate was granted in his favour, Jyotirmoy approach