Gauhati High Court
Sri Rajababu Sinha vs The Secretary -Cum- Commissioner ... on 18 February, 2022
Page No.# 1/5
GAHC010205252018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/20/2022
SRI RAJABABU SINHA
S/O LATE BABANU SINHA,
RESIDENT OF VILLAGE AND PO BEKIRPAR, PS DHOLAI, DIST CACHAR,
ASSAM.
VERSUS
THE SECRETARY -CUM- COMMISSIONER DEPART OF EDUCATION AND 18
ORS
DEPARTMENT OF EDUCATION, GOVT. OF ASSAM, DISPUR, GUWAHATI,
KAMRUP, ASSAM
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
19
KAMRUP(M) ASSAM
3:THE DEPUTY COMMISSIONER
CACHAR
SILCHAR.
4:THE INSPECTOR OF SCHOOLS.
C.D.C SILCHAR
CACHAR.
5:SRI BHUPENDRA SINHA
S/O LATE KAMDEV SINHA
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PRESIDENT OF MANAGING COMMITTEE
NEHRU GIRLS HIGH SCHOOL
VILLAGE AND PO BEKIRPAR
DIST CACHAR
ASSAM
788123
6:SRI ANANDA MOHAN SINHA
HEADMASTER CUM SECRETARY
NEHRU GIRLS HIGH SCHOOL
VILLAGE AND PO BEKIRPAR
DIST CACHAR
ASSAM
788123
7:SMTI INDRANI SINHA
W/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
8:SRI CHANDRAKANTA @ CHANDRABABU SINHA
S/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
9:SRI NANIBABU @ KAMALBABU SINHA
W/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
10:SRI NIPEN @ NRIPENDRA SINHA
S/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
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PS DHOLAI
DIST CACHAR
ASSAM.
11:SRI JITEN @ JITENDRA SINHA
D/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
12:SMTI FULKUMARI SINHA
W/O LATE LAKHIKANTA SINHA
RESIDING AT VILLAGE AND PO CHENCOORIE
PS SILCHAR
DIST CACHAR.
13:SMTI. KUNJALATA SINHA
W/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
14:SMTI KUSUMLATA SINHA
W/O SRI FULBABU SINHA
W/O LATE BABANU SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
15:SMTI BHANUMATI SINHA
W/O LATE KAMINI KUMAR SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
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16:SRI BHAITI @ KARUNA SINHA
D/O LATE KAMINI KUMAR SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
17:SMTI KRISHNA SINHA
W/O SUBHASH SINHA
W/O LATE KAMINI KUMAR SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
18:SMTI BABY SINHA
W/O SRI NIPENDRA SINHA
W/O LATE KAMINI KUMAR SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM.
19:SRI DINKY @ KRISHNANDA SINHA
D/O LATE KAMINI KUMAR SINHA
RESIDENT OF VILLAGE AND PO BEKIRPAR
PS DHOLAI
DIST CACHAR
ASSAM
Advocate for the Petitioner : MR. R J BORDOLOI
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
18.02.2022
Heard Mr. R. Ali, learned counsel appearing for the appellant.
The appeal is admitted for hearing on the following substantial questions of law:
(i) Whether failure to deny the pleadings of the plaint amounts to admission of facts?
(ii) Whether the Section 101 of the Indian Evidence Act strictly applicable when the
facts is not disputed/denied?
(iii) Whether the impugned judgment and decree contravenes the mandate of Order 41
Rule 31 of the Code of Civil Procedure, 1908?
(iv) Whether the court below failed to appreciate the materials on record, more
particularly the undisputed title of the plaintiff/appellant and evasive denial of the defendants
by correct prospective?
Issue Notice to the respondents.
Appellant shall take steps for service of notice by registered post with A/D and other usual
process.
Call for the LCR.
List after 6 (six) weeks.
JUDGE
Comparing Assistant
