Page No.# 1/3 vs Hareswar Deva Sarma And 9 Ors
2023 Latest Caselaw 3072 Gua

                                                               Page No.# 1/3

GAHC010172942023




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

                          Case No. : RSA/133/2023

         MAHAPRABHU SUKRESWAR DEVALAYA PARICHALANA SAMITTEE
         REPRESENTED BY ITS SECRETARY, HAVING ITS OFFICE AT SUKRESWAR
         DEVALAYA, PANBAZAR, GUWAHATI 781001

         2: THE SECRETARY
          MAHAPRABHU SUKRESWAR DEVALAYA PARICHALANA SAMITTEE
          SUKRESWAR DEVALAYA
          PANBAZAR
          GUWAHATI 78100

         VERSUS

         HARESWAR DEVA SARMA AND 9 ORS.
         S/O LATE PUSPA NATH SARMA,
         RESIDENT OF SRIMANTAPUR,
         GUWAHATI 781034, KAMRUP M ASSAM

         2:SRI RABINDRA NATH DEVASARMA
          S/O LATE BALOBHADRA DEVASARMA

         RESIDENT OF KAHILIPARA
         SHANTINAGAR GUWAHATI 781019
         KAMRUP M ASSAM

         3:SRI BHUPENDRA NATH DEVASARMA
          S/O LATE BALOBHADRA DEVASARMA
         RESIDENT OF BHETAPARA CHARIALI
          BELTOLA
          GUWAHATI 781028
          KAMRUP M ASSAM

         4:SRI HOMESWAR SARMA
          S/O LATE BALOBHADRA DEVASARMA
         RESIDENT OF VILLAGE AND PO BONGAON
                                                  Page No.# 2/3

             PS BARPETA
             ASSAM 781375

            5:SRI TIKENDRA NATH SARMA
             S/O LATE BALOBHADRA DEVASARMA
            RESIDENT OF VILLAGE AND PO BONGAON
             PS BARPETA
            ASSAM 781375

            6:SRI GAJENDRA NATH SARMA
             S/O LATE BALOBHADRA DEVASARMA
            RESIDENT OF VILLAGE AND PO BONGAON
             PS BARPETA
            ASSAM 781375

            7:SRI MUNINDRA NATH SARMA
             S/O LATE KALIKANTA SARMA
            RESIDENT OF VILLAGE AND PO BONGAON
             PS BARPETA
            ASSAM 781375

            8:SRI GOKUL CHANDRA SARMA
             S/O LATE BANI KANTA DEV SARMA

            RESIDENT OF VILLAGE AND PO BONGAON
            PS BARPETA
            ASSAM 781375

            9:SRI SUKUL SARMA @ PRANJAL SARMA
             S/O LATE BANI KANTA DEV SARMA

            RESIDENT OF VILLAGE AND PO BONGAON
            PS BARPETA
            ASSAM 781375

            10:SRI JYOTINDRA NATH SARMA
             S/O ACHYUTANANDA SARMA
            RESIDENT OF VILLAGE AND PO BONGAON
             PS BARPETA
            ASSAM 78137

Advocate for the Petitioner   : MR. A DHAR

Advocate for the Respondent :
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                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

11.08.2023

Heard Shri A. Dhar, learned counsel for the appellant, who by means of this appeal has put to challenge a judgment and order dated 09.05.2023 passed by the Civil Judge No.1, Kamrup (M) in Title Appeal No. 88/2015 whereby the appeal was dismissed and the judgment and order dated 28.09.2015 passed by the learned Munsiff No.1, Kamrup (M) in Title Suit No. 401/2009 has been affirmed.

After hearing, the appeal is admitted on the following substantial question of law:

i. Whether the persuasive burden of proof under Section 101 of the Indian Evidence Act can be shifted upon the Defendant in a suit?

ii. Whether in view of the provisions of Order VI Rule 2, CPC the pleadings can be construed as evidence without complying with the provisions of Section 102 of the Indian Evidence Act?

This Court may frame any other substantial question of law substantially after hearing the parties, let steps be taken for service of notice upon the respondents by usual process.

Steps within a week.

List this matter after 6 (six) weeks along with service report.

JUDGE

Comparing Assistant