Page No.# 1/2 vs On The Death Of Md. Shamsul Hussain ...
2023 Latest Caselaw 134 Gua

                                                                      Page No.# 1/2

GAHC010125922018




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

                                   Case No. : RSA/75/2019

            SRI ANIL DAS
            S/O- DR. RAJANI KANTA DAS,
            R/O- NABA MILON PATH, DR. R.P. ROAD, DISPUR LAST GATE, GUWAHATI-
            6.



            VERSUS

            ON THE DEATH OF MD. SHAMSUL HUSSAIN HIS LEGAL HEIRS MRS.
            NAZMA PARVEEN SULTANA AND ORS
            S/O- LATE SADARUL HUSSAIN,
            R/O- S.S. ROAD, LAKHTAKIA, FANCY BAZAR, GUWAHATI-1.



Advocate for the Petitioner   : MR. A C SARMA

Advocate for the Respondent : MR D CHOUDHURY




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

09.01.2023 Heard Mr. A.M. Barbhuiya, learned counsel for the appellant. Also heard Mr. D. Choudhury, learned counsel for the respondents.

This appeal under Section 100 of the C.P.C. has been preferred against the Page No.# 2/2

impugned Judgment and Decree, dated 30.01.2018, passed by the learned Civil Judge No. 3, Kamrup(M), Guwahati in T.A. No. 91/2012, whereby affirmed the Judgment and Decree, dated 13.06.2012, passed by the learned Munsiff No. 1, Kamrup(M), Guwahati in T.S. No. 872/2006.

The appeal is admitted on the following substantial questions of law-

1. Whether the respondent/plaintiff could discharge the initial burden of proving his case and whether the burden of proof could be shifted to the appellant/defendant under the facts and circumstances of the case? and

2. Whether the impugned Judgment and Decrees suffer from perversity in law and facts?

The appellant is permitted to raise any other substantial question of law which may arise in course of hearing.

List after 4(four) weeks.

JUDGE

Comparing Assistant