Page No.# 1/3 vs Md. Innas Ali
2021 Latest Caselaw 700 Gua

                                                                    Page No.# 1/3

GAHC010103692020




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

                            Case No. : RSA/23/2021

         MUSTT. JUBEDA KHATUN AND 8 ORS.
         W/O- ABDUL KARIM, R/O- VILL.- ZOHAJAN, MOUZA- JURIA, PIN- 782124,
         DIST.- NAGAON, ASSAM.

         2: MD. HUSSAIN ALI
          S/O- ABDUL KARIM
          R/O- VILL.- ZOHAJAN
          MOUZA- JURIA
          PIN- 782124
          DIST.- NAGAON
         ASSAM.

         3: MD. ABDUL HASEN
          S/O- ABDUL KARIM
          R/O- VILL.- ZOHAJAN
          MOUZA- JURIA
          PIN- 782124
          DIST.- NAGAON
         ASSAM.

         4: MD. HANIFA
          S/O- ABDUL KARIM
          R/O- VILL.- ZOHAJAN
          MOUZA- JURIA
          PIN- 782124
          DIST.- NAGAON
         ASSAM.

         5: MUSTT. KULIMA KHATUN @ MORJINA KHATUN
          D/O- ABDUL KARIM
          R/O- VILL.- ZOHAJAN
          MOUZA- JURIA
          PIN- 782124
          DIST.- NAGAON
                                                                         Page No.# 2/3

             ASSAM.

            6: MUSTT. NARJINA KHATUN
             D/O- ABDUL KARIM
             R/O- VILL.- ZOHAJAN
             MOUZA- JURIA
             PIN- 782124
             DIST.- NAGAON
            ASSAM.

            7: MD. ABDUL MATIN
             S/O- LATE MAULA SEIKH
             R/O- VILL.- ZOHAJAN
             MOUZA- JURIA
             PIN- 782124
             DIST.- NAGAON
            ASSAM.

            8: MD. JOLHAS
             S/O- ABDUL MATIN
             R/O- VILL.- ZOHAJAN
             MOUZA- JURIA
             PIN- 782124
             DIST.- NAGAON
            ASSAM.

            9: ABDUL KALAM
             S/O- LATE MOULA SEIKH
             R/O- VILL.- SALPARA
             MOUZA- ALITANGANI
             DIST.- NAGAON
            ASSAM

            VERSUS

            MD. INNAS ALI
            S/O- LATE HASEN ALI, R/O- VILL.- ZOHAJAN, MOUZA- JURIA, DIST.-
            NAGAON, ASSAM, PIN- 782124.



Advocate for the Petitioner   : MR. B C DAS

Advocate for the Respondent :
                                                                                   Page No.# 3/3

                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

26.02.2021 Heard Mr. B.C. Das, learned senior counsel appearing for the appellants.

Appeal is admitted for hearing upon the following three substantial question of law:-

1. Whether, the suit having been dismissed and the Counter Claim having been decreed and the Plaintiff having filed an appeal against the Judgment and Decree, the learned Lower Appellate Court was justified in adjudicating and reversing the decree in the Counter Claim inasmuch as that part of the decree in Counter Claim would be final and operate as resjudicata.

2. Whether, in the facts and circumstances of the case, the cause of action for the Counter Claim having arisen on 26.05.2005 after the disposal of the Revenue Misc. Appeal No.9 of 2001-2002 with a suggestion for approaching competent Civil Court about the validity of the Sale Deed, the learned Lower Appellate Court was justified in holding that the Counter Claim is barred by the law of limitation.

3. Whether, the learned Lower Appellate Court was justified in holding that once a document has been marked as exhibit without any objection, it cannot be assailed at a later stage questioning the mode and manner of proof inasmuch as admissibility of a document and manner of its proof is a different concept. Issue Notice to the respondent.

The appellants shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process.

Call for the LCRs of the Title Suit No. 104/2005 from the Court of the learned Munsiff No.1, Nagaon and the Title Appeal No.26/2017 from the Court of the learned Civil Judge, Nagaon.

Upon receipt of the LCR, matter shall be listed after 4(four) weeks, on a date to be fixed by the Office.

JUDGE

Comparing Assistant