Smti. Pakhili Das vs Sri Lakhi Das And 3 Ors
2021 Latest Caselaw 1704 Gua

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GAHC010225472019




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

                                  Case No. : RSA/210/2019

            SMTI. PAKHILI DAS
            W/O- SRI SAKTIDHAR DAS, R/O- VILL.- TELENGONIA, P.S. BEHALI, DIST.-
            SONITPUR, ASSAM.



            VERSUS

            SRI LAKHI DAS AND 3 ORS.
            S/O- LATE MOLORAM DAS, R/O- VILL.- TELENGONIA, MOUZA AND P.S.
            BEHALI, DIST.- SONITPUR, ASSAM.

            2:SMTI. SUTMOLA DAS
            W/O- LATE SIBALAL DAS
             R/O- VILL.- TELEGONIA
             MOUZA AND P.S. BEHALI
             DIST.- SONITPUR
            ASSAM.

            3:SMTI. JOYMALA DAS
            W/O- LATE MAKHU DAS
             R/O- VILL.- TELENGONIA
             MOUZA AND P.S. BEHALI
             DIST.- SONITPUR
            ASSAM.

            4:SMTI. SASHUMOLA DAS
            W/O- SRI JOGAI DAS
             R/O- VILL.- TELENGONIA
             MOUZA AND P.S. BEHALI
             DIST.- SONITPUR
            ASSAM

Advocate for the Petitioner   : MR G BAISHYA
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Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : --26.07.2021

Heard Mr. G. Baishya, learned counsel for the appellant. This is appeal filed u/s 100 of the Code of Civil Procedure.

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

1. Whether the learned Lower Appellate Court exceeded its jurisdiction in reversing the Judgment of the learned Trial Court by committing error of procedure of deciding issue No. 5 against the view of the learned Trial Court?

2. Whether the learned first Appellate Court went against the evidence on record and substituted its own decision in issue No. 5 by framing contradictory print for decision never raised in the learned Trial Court on the basis of observation and findings which are contradictory in itself?

3. Whether the learned first Appellate Court reversed the findings of the learned Trial Court solely on the basis of findings under issue No. 5 beyond the evidence on record and made the impugned Judgment perverse?

Issue notice to the respondents. The appellant shall take steps for service of notice upon the respondents by registered post with A/D as well as by usual process.

Call for the LCR.

List the matter after six weeks on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant