- (1.) When the application for interim injunction filed in connection with the appeal was taken up for hearing on the last occasion we were informed by the learned Advocate appearing for some of the respondents that the Respondent no.19, Sri Rafel Goyez died even before filing of the suit. The learned Advocate appearing for those respondents contended that since the suit was filed in the name of a dead person, the suit was not maintainable and for the similar reason the appeal is also not maintainable.
(2.) Since such objection was raised by those respondents for the first time in course of hearing of the interlocutory application filed in connection with this appeal, on the prayer of Mr. Shyamal Chakraborty, learned Advocate appearing on behalf of the appellant, the hearing was adjourned on the last occasion for enabling him to take instruction from his client about the contention so raised by those respondents.
(3.) Subsequently, the present application was taken out by the plaintiffs to regularise the instant appeal. It is stated therein that the respondent no.19 namely, Rafel Goyez died on 21st June, 1991 that is long before filing of the suit. The instant suit was filed sometime in the year 2013. It was also stated in the said application that during life time of the said respondent no.19, he transferred his entire share in the suit property to the respondent no.18 namely, Josef Rajario by executing a registered deed of conveyance on 29th October, 1988. The appellants thus claimed that since after such transfer the respondent no.19 ceased to be a co - sharer in respect of the suit property his presence either in the suit or in this appeal is not necessary. The appellants have thus prayed for expunging the name of the said respondent no.19 from the cause title of the instant appeal.;