Page No.# 1/2 vs Jyoti Prasad Borah
2023 Latest Caselaw 2041 Gua

                                                             Page No.# 1/2

GAHC010027372023




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

                                    Case No. : RSA/33/2023

            DEBOJIT KR SARMAH AND ANR.
            S/O LATE GUNJANATH SARMAH,
            R/O TARAJAN BAMUN GAON,
            P.O. AND P.S.- JORHAT, PIN- 785001,
            DIST.- JORHAT, ASSAM.

            2: NABAJIT KUMAR SARMAH
             S/O LATE GUNJANATH SARMAH

            R/O TARAJAN BAMUN GAON

            P.O. AND P.S.- JORHAT
             PIN- 785001

            DIST.- JORHAT
            ASSAM

            VERSUS

            JYOTI PRASAD BORAH
            S/O LATE SIVA PRASAD BORAH,
            R/O TARUN RAM PHUKAN ROAD,
            P.O. AND P.S.- JORHAT, PIN- 785001,
            DIST.- JORHAT, ASSAM.



Advocate for the Petitioner   : MR H RAHMAN

Advocate for the Respondent : MR H K BAISHYA




                                          BEFORE
                                                                                     Page No.# 2/2

                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 17.05.2023

Heard Mr. A. Ikbal, learned counsel for the appellant.

The appeal is admitted for hearing upon the following substantial question of law:

(i) Whether the impugned judgment and decree suffers from perversity, illegality, infirmity and non-application of judicial mind to the pleadings and other existing materials on record including the oral and documentary evidence adduced by the parties to the suit by not discussing the same in its legal and proper perspective?

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

Issue notice returnable in four weeks.

The petitioner shall take step for service of notice upon the respondent by registered post with AD and also other usual process within three days.

Call for the LCR.

List the matter after four weeks.

JUDGE

Comparing Assistant