Rezzak Ali vs Aon The Death Of Bu Bakkar Sk. His ...
2021 Latest Caselaw 3044 Gua

                                                                       Page No.# 1/3

GAHC010220742019




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

                                    Case No. : RSA/112/2020

            REZZAK ALI
            S/O- LATE ARFAN ALI, R/O- VILL.- DARRUA, P.S. MANKACHAR, DIST.-
            DHUBRI (NOW SOUTH SALMARA MANKACHAR), ASSAM.



            VERSUS

            AON THE DEATH OF BU BAKKAR SK. HIS LEGAL HEIRS SMTI ROHIMA
            KHATUN (WIFE) AND ORS
            S/O- LATE ROJOB ALI, R/O- VILL.- DAFARPUR, P.S. MANKACHAR, DIST.-
            DHUBRI (NOW SOUTH SALMARA MANKACHAR), ASSAM, PIN- 783135.



Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent : MD M ISLAM




             Linked Case : I.A.(Civil)/3127/2019

            REZZAK ALI
            S/O- LATE ARFAN ALI
            VILL.- DARRUA
            P.S. MANKACHAR
            DIST.- DHUBRI (NOW SOUTH SALMARA MANKACHAR)
            ASSAM.


             VERSUS
                                                                      Page No.# 2/3


          ABU BAKKAR SK.
          S/O- LATE ROJOB ALI
          VILL.- DAFARPUR
          P.S. MANKACHAR
          DIST.- DHUBRI (NOW SOUTH SALMARA MANKACHAR)
          ASSAM
          PIN- 783135.


          ------------
          Advocate for : MS. R CHOUDHURY
          Advocate for : appearing for ABU BAKKAR SK.



                                 BEFORE
                HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 23.11.2021

Heard Ms. R. Choudhury, learned counsel appearing for the appellant. Heard Mr. H.M. Ali, learned counsel appearing for the respondents.

The appeal is admitted for hearing on the following substantial questions of law:

1. Whether the discussions and findings arrived at by both the learned Courts below in respect to issue no.2 i.e. the issue of non- joinder of necessary parities are perverse in presence of specific pleading/objection of non-joinder of necessary parties by the appellant/defendant in his written statement?

2. Whether the judgment and decree passed by both the learned Courts below are perverse in not framing any issue on the point of limitation, which is purely a question of law?

3. Whether the judgment and decree passed by both the learned Page No.# 3/3

Courts below are perverse for decreeing the suit of the plaintiff in absence of his source of the title i.e. the registered sale deed?

The appellant shall be at liberty to raise any other substantial questions of law at the time of hearing.

No formal notice is required to be sent to the respondents as because Mr. Ali has accepted notice on their behalf.

Extra copy of the memo of appeal shall be provided to Mr. Ali.

Call for the LCR.

List after 6 (six) weeks.

JUDGE

Comparing Assistant