- (1.) This First Appeal is directed against the final decree passed in the partition suit at the instance of some of the defendants/appellants. The present application for appropriate order has been taken out by the defendant/ respondent nos. 5(1) to 5(3). It is mentioned in the said application that one of the defendants, namely, Kumud Karmakar, defendant no. 4, died on 21st November, 1995 before passing of the preliminary decree in the said suit. The preliminary decree in the said suit was passed on 12th August, 1997.
(2.) It is mentioned therein that the other defendants being defendant no. 2(ga), namely, Uday Karmakar, the defendant no. 3(k)(ka), namely, Khukia Karmakar, the defendant no. 3(ka)(gha), namely, Tapesh Karmakar, and the defendant no. 3(kha), namely, Madhu Karmakar, died on 17th September, 2004; 25th July, 1999; 12th September, 1998 and 9th October, 1997 respectively. All those respondents died after passing of the preliminary decree in the partition suit, but before passing of the final decree in the said suit. The final decree in the said suit was passed on 25th November, 2005.
(3.) It is, further, mentioned therein that the predecessorin-interest of the applicants, namely, Arjun Karmakar, the defendant no. 5, also died on 24th August, 1999 i.e. after passing of the preliminary decree in the said suit, but before passing of the final decree therein.;