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2021 Latest Caselaw 2907 Gua

                                                                Page No.# 1/4

GAHC010225132019




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

                           Case No. : RSA/59/2021

         ON THE DEATH OF SMTI KANIKA DAS, HER LEGAL HEIRS SRI TAPAN DAS
         AND 3 ORS
         S/O- SRI BHIMA DAS, R/O- ULUBARI, LALMATI, NEAR RABIDAS
         CREMATION GROUND, P.O. ULUBARI, P.S. PALTANBAZAR, GUWAHATI-
         781007.

         2: SMTI. MAMONI DAS
         W/O- LATE PINTU DAS
          R/O- ULUBARI
          LALMATI
          NEAR RABIDAS CREMATION GROUND
          P.O. ULUBARI
          P.S. PALTANBAZAR
          GUWAHATI- 781007

         3: SMTI. INDIRA DAS
         W/O- SHRI BABUL DAS
          R/O- ULUBARI
          LALMATI
          NEAR RABIDAS CREMATION GROUND
          P.O. ULUBARI
          P.S. PALTANBAZAR
          GUWAHATI- 781007.

         4: SMTI. MANU DAS
         W/O- LATE KHAGEN DAS
          R/O- ULUBARI
          LALMATI
          NEAR RABIDAS CREMATION GROUND
          P.O. ULUBARI
          P.S. PALTANBAZAR
          GUWAHATI- 781007

         VERSUS
                                                        Page No.# 2/4


SRI KAILASH BANIA AND 5 ORS
S/O- LATE CHANDU BANIA, R/O- ULUBARI, LALMATI, NEAR RABIDAS
CREMATION GROUND, P.O. ULUBARI, P.S. PALTANBAZAR, GUWAHATI-
781007

2:SHRI MADHAB BANIA
 S/O- LATE CHANDU BANIA
 R/O- ULUBARI
 LALMATI
 NEAR RABIDAS CREMATION GROUND
 P.O. ULUBARI
 P.S. PALTANBAZAR
 GUWAHATI- 781007.

3:SHRI PRADIP BANIA
 S/O- LATE CHANDU BANIA
 R/O- ULUBARI
 LALMATI
 NEAR RABIDAS CREMATION GROUND
 P.O. ULUBARI
 P.S. PALTANBAZAR
 GUWAHATI- 781007.

4:SHRI AJIT BANIA
 S/O- LATE JAGYO BANIA @ LUNJA BANIA
 R/O- ULUBARI
 LALMATI
 NEAR RABIDAS CREMATION GROUND
 P.O. ULUBARI
 P.S. PALTANBAZAR
 GUWAHATI- 781007.

5:SHRI JINTU BANIA
 S/O- LATE JAGYO BANIA @ LUNJA BANIA
 R/O- ULUBARI
 LALMATI
 NEAR RABIDAS CREMATION GROUND
 P.O. ULUBARI
 P.S. PALTANBAZAR
 GUWAHATI- 781007.

6:SHRI JINTU BANIA
 S/O- LATE NANDU BANIA R/O- ULUBARI
 LALMATI
 NEAR RABIDAS CREMATION GROUND
 P.O. ULUBARI
 P.S. PALTANBAZAR
                                                                         Page No.# 3/4

             GUWAHATI- 781007

Advocate for the Petitioner   : MR. B D DEKA

Advocate for the Respondent :




                                     BEFORE
                     HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 16.11.2021

Heard Mr. B.D. Deka, learned counsel for the appellant.

This appeal under Section 100 CPC is directed against the judgment and decree dated 24.03.2015 passed by the learned Civil Judge No.2, Kamrup (M), Guwahati in TA 32/2014, thereby allowing the appeal by setting aside the judgment and decree dated 20.03.2014 passed by the learned Munsiff No. 1, Guwahati in TS No. 1048/2006.

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

(i) Whether the dismissal of the suit by the learned first appellate Court for non-joinder of necessary party (Sumi Das, minor daughter of original plaintiff) is sustainable when the estate of the plaintiff was sufficiently represented?

(ii) Whether the finding by the learned first appellate Court holding the suit to be hit by point of limitation is sustainable in absence of any discussion on the pleadings and evidence, if any, tendered in respect of the said point?

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

Issue usual notice returnable on 15.12.2021.

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Call for the records.

The appellant shall take steps within 2 days for service of notice on respondents by usual process as well as by registered post with A/D.

List the matter on 15.12.2021.

JUDGE

Comparing Assistant