PAPPU GHOSH & ORS Vs. MANIKA RANI GHOSH & ORS
LAWS(CAL)-2017-4-114
HIGH COURT OF CALCUTTA
Decided on April 11,2017

Pappu Ghosh And Ors Appellant
VERSUS
Manika Rani Ghosh And Ors Respondents

JUDGEMENT

Joytirmay Bhattacharya, J. - (1.) This second appeal is directed against the judgement and decree dated 5th March, 2013 passed by the learned Additional District Judge, Fast Track Court-II, Kalyani, in Title Appeal No. 73 of 2007 reversing the judgement and decree dated 20th January, 2007 passed by the learned Civil Judge, Junior Division, Kalyani, Nadia, in Title Suit No. 85 of 2002 at the instance of the plaintiffs/appellants.
(2.) Let us now consider as to whether any substantial question of law is involved in this second appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure. Here is the case where we find that the plaintiffs/ appellants filed a suit for declaration and for consequential relief. It was alleged by the plaintiffs that the plaintiff no. 3, namely Rekha Rani Ghosh, is the wife of Gobinda Prosad Ghosh. It was alleged that marriage between Gobinda Prosad Ghosh and Rekha Rani was solemnised on 25th April, 1985 and the said marriage was registered some time in 1998. It is further alleged that the plaintiff nos. 1 & 2 are the minor children of Gobinda Prosad Ghosh as they were born out of the wedlock of the said marriage between Gobinda Prosad Ghosh and Rekha Rani Ghosh. The plaintiffs denied the marriage between Gobinda Prosad Ghosh and Manika Rani Ghosh, the defendant no. 1.
(3.) Problem started after the death of Gobinda Prosad Ghosh at the time of disbursement of the death benefit relating to the service of Gobinda Prosad Ghosh.;


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