Rakhal Krishna Nandi vs Bishu Dey
2021 Latest Caselaw 1369 Gua

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GAHC010235352019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : RSA/38/2021

            RAKHAL KRISHNA NANDI
            S/O- LATE JATINDRA LAL NANDI, R/O- WEST BHASKAR NAGAR,
            GUWAHATI-18, P.S. FATASIL AMBARI, DIST.- KAMRUP(M), ASSAM.



            VERSUS

            BISHU DEY
            S/O- LATE GOPAL CHANDRA DEY, R/O- ANANDA NAGAR, P.O.
            UDALBAKRA, GUWAHATI-34, P.S. FATASIL AMBARI, DIST.- KAMRUP,
            ASSAM.



Advocate for the Petitioner   : MR. S SAIKIA

Advocate for the Respondent : MS. T ROY




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : --07.04.2021

Heard the learned Counsel Mr. S. Saikia appearing for the appellant. Also heard Ms. T. Roy, the learned counsel appearing for the sole respondent.

The appeal is admitted for hearing upon the following substantial questions of law:

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1. Whether the appellate judgment is bad in law for non- framing of the point for determination as provided by Order 41 Rule 31 of the CPC.

2. Whether the Sale Deed i.e. Exhibit.-2 was proved in accordance with law.

3. Whether a suit of the plaintiff would have been dismissed holding that the plaintiff failed to prove his right, title and interest over the suit land, though the respondent never denied the same.

No formal notice is required to be served upon the sole respondent as because Ms. Roy has accepted notice.

Call for the LCR.

List the matter after 6 (six) weeks on a date to be fixed by the office.

JUDGE

Comparing Assistant