Juga Rajkonwar vs Nripen Buragohain
2021 Latest Caselaw 329 Gua

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GAHC010053172020




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

                                   Case No. : RSA/11/2021

            JUGA RAJKONWAR
            S/O- LATE BHOLA RAJKONWAR, R/O- PARBATIPUR, SONARI TOWN, WARD
            NO. 12, P.O. AND P.S. SONARI, DIST.- CHARAIDEO, ASSAM



            VERSUS

            NRIPEN BURAGOHAIN
            S/O- LATE LANGKESHWAR BURAGOHAIN, R/O- PARBOTIPUR, SONARI
            TOWN, WARD NO. 11, P.O. AND P.S. SONARI, DIST.- CHARAIDEO, ASSAM.



Advocate for the Petitioner   : MR. R SARMA

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 01.02.2021

Heard Mr. R. Sarma, learned counsel for the appellant.

This appeal under Section 100 CPC is directed against the first appellate judgment and decree dated 03.12.2019 passed in TA 1/2019 by the learned Civil Judge, Sivasagar, thereby reversing the judgment and decree dated 07.12.2018 passed by the learned Munsiff, Page No.# 2/2

Charaideo at Sonari in TA 2/2017.

The appeal is admitted on the following substantial question of law:

Whether the learned first appellate court erred in refusing to accept exhibit No. 1, which was a certified copy of registered sale deed no. 426/2005 dated 26.09.2005 although no objection was raised before the learned trial Court while admitting the said document in evidence and although no question was raised as to proof and admissibility of the said exhibit no. 1 as provided under proviso to Order XVIII Rule 4(1) CPC?

The appellant is permitted to raise any other substantial question which may arise in course of hearing.

Issue usual notice returnable in 6(six) weeks. Call for the records.

The appellant shall take steps for service of notice on respondents by usual process as well as by registered post within 2 days from today.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant