Sri Tulshi Bahadur Chetry vs Sri Mon Bahadur Chetry
2021 Latest Caselaw 2911 Gua

                                                                      Page No.# 1/2

GAHC010136292018




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

                                  Case No. : RSA/210/2018

            SRI TULSHI BAHADUR CHETRY
            S/O LATE TEK BAHADUR CHETRY, R/O VILL. UDAYPUR, P.O. AND P.S.
            JONAI, DIST. DHEMAJI, ASSAM, PIN 787060



            VERSUS

            SRI MON BAHADUR CHETRY
            S/O LATE DIP BAHADUR CHETRY, R/O VILL. UDAYPUR, PO. AND P.S.
            JONAI, DIST. DHEMAJI, ASSAM, PIN 787060



Advocate for the Petitioner   : MR. T CHUTIA

Advocate for the Respondent : MR J PAYENG




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 16.11.2021

Heard Mr. B.J. Mukherjee, learned counsel for the appellant and Mr. J. Payeng, learned counsel for the respondent no.1.

By this appeal under Section 100 CPC, the appellant has assailed the judgment and decree dated 08.02.2018 passed by the leaned District Judge, Page No.# 2/2

Dhemaji in TA 1/2016, thereby dismissing the appeal and affirming the judgment and decree dated 15.09.2016 passed by learned Munsiff, Jonai in TS 3/2012.

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

(i) In light of the prayer for perfect partition whether the judgment and decree passed by both the learned courts below is sustainable for non-compliance of the provisions of Order XX Rule 18 CPC, Moreso, when the order of mutation granted to various purchasers of the part of the suit land was never under challenge?

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. Call for the records.

No steps is required to be taken in respect of respondent no.1, who is entered appearance through is learned counsel.

The appellant shall take steps within 2 days for service of notice on respondent nos. 2 to 10 by usual process as well as by registered post with A/D.

List the matter on 15.12.2021.

JUDGE

Comparing Assistant