Golapi Rai Chaudhury @ Golapi Rai vs Prema Biswas And 2 Ors
2023 Latest Caselaw 4584 Gua

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GAHC010230832023




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

                                  Case No. : RSA/189/2023

            GOLAPI RAI CHAUDHURY @ GOLAPI RAI
            W/O SRI JITEN CHOUDHURY
            RESIDENT OF VILALGE NO. 2 DUNGARBARI, PO DUNGARBARI, PS
            JAGIROAD, DIST MORIGAON, ASSAM 782410



            VERSUS

            PREMA BISWAS AND 2 ORS.
            S/O LATE GYAN MOHAN BISWAS
            RESIDENT OF VILALGE NO. 2 DUNGARBARI, PO DUNGARBARI, PS
            JAGIROAD, DIST MORIGAON, ASSAM 782410

            2:SRI BHIM BISWAS
             S/O SRI PREMA BISWAS
            RESIDENT OF VILALGE NO. 2 DUNGARBARI
             PO DUNGARBARI
             PS JAGIROAD
             DIST MORIGAON
            ASSAM 782410

            3:SMTI DULALI BISWAS
            W/O SRI PREMA BISWAS
            RESIDENT OF VILALGE NO. 2 DUNGARBARI
             PO DUNGARBARI
             PS JAGIROAD
             DIST MORIGAON
            ASSAM 78241

Advocate for the Petitioner   : MR. R SARMA

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

10-11-2023 Heard Mr. R. Sarma, learned counsel appearing for the appellant.

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

(i) Whether the First Appellate Court committee error in not considering the Exhibit-1 in support of the right, title, interest of the predecessor-in-interest of the appellant/plaintiff, Pro-forma-defendant Nos. 4, 5, 6 and predecessor-in-interest of Pro-forma-defendant Nos. 7(i), 7(ii) and 7 (iii) Late Harendra Ch. Rai over the Schedule-A land?

(ii) Whether the impugned Judgment and Decree was passed by the learned First Appellate Court in conformity with the provision as per Order XLI, Rule 31 of the Code of Civil Procedure'1908?

(iii) Whether the finding given by the learned First Appellate Court in Issue Nos. 2, 3 and 4 in the impugned Judgment are perverse?

Issue notice to the respondents.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D.

Call for the LCR.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant