Muklesur Rahman Khan vs Abdul Adut
2022 Latest Caselaw 3138 Gua

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GAHC010142982022




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

                                  Case No. : RSA/126/2022

            MUKLESUR RAHMAN KHAN
            S/O- LATE SURJYAT KHAN, R/O- VILL.- GALIA, MOUZA- RUPSHI, DIST.
            BARPETA, ASSAM



            VERSUS

            ABDUL ADUT
            S/O- ABDUL LATIF, R/O- VILL.- KUMULLIPARA, MOUZA- GHILAJHARI, P.O.
            JOSHIHATIPARA, DIST. BARPETA, ASSAM



Advocate for the Petitioner   : MR. A R SIKDAR

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 22.08.2022.

Heard Mr. A.R. Sikdar, learned counsel for the appellant. The appeal is admitted for hearing upon the following substantial questions of law.

(i) Whether the impugned judgment and decree passed by Page No.# 2/2

the court below was justified without ascertaining the age of the contents of Ext-1, although the same was framed as Issue No. III in the trial and thereby arriving at finding without deciding the Issue No. III is not perverse and liable to be sustainable in law?

(ii) Whether it is justified to held that mere proof of document vide Ext-1 has amounted proof of all the contents or the facts stated in the document when there is specific denial to the contents of the Hand Note by the defendant who has also demanded proof by paying due charges of FSL examination for ascertaining the age of the signature and the age of the contents of the document and thereby arriving at perverse finding without procuring the FSL report and sustainable in law? Issue notice.

The appellant shall take steps for service of notice upon the sole respondent by registered posts with AD as well as other usual process. Call for the LCR.

The appellant shall be at liberty to raise any other substantial question(s) of law at the time of hearing. List the matter after 4(four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant