Bivek Das @ Bibek Rohi Das vs Mina Kurmi
2024 Latest Caselaw 5476 Gua

Gauhati High Court

Bivek Das @ Bibek Rohi Das vs Mina Kurmi on 2 August, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                          Page No.# 1/2

GAHC010150622024




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

                                  Case No. : RSA/145/2024

             BIVEK DAS @ BIBEK ROHI DAS
             S/O ADHIR DAS @ GUNA ROHI DAS,
             RESIDENT OF GAURIYASIGA GAON, PO AND PS SAPEKHATI, DIST
             CHARAIDEO ,ASSAM

             VERSUS

             MINA KURMI
             W/O HARILAL KURMI
             RESIDENT OF GAURIYASIGA GAON, PO AND PS SAPEKHATI, DIST
             CHARAIDEO ,ASSAM


Advocate for the Petitioner : MR B SHARMA, MR. M HASSAN,MR S SHARMA
Advocate for the Respondent : ,


                                      :: BEFORE ::
                     HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                       O R D E R

02.08.2024

Heard Mr. B. Sharma, learned counsel appearing for the appellant.

The Regular Second Appeal is admitted for hearing upon the following three substantial questions of law.

(1) Whether the learned lower court below was correct, in the facts and Page No.# 2/2

circumstances of the case, in holding that the plaint did not disclose any cause of action for declaration of right, title and interest of the plaintiff and that the suit is not maintainable in the present form?

(2) Whether the findings of the learned First Appellate Court that the plaintiff has right, title and interest over the suit property is perverse to the evidence on record?

(3) Whether the judgment of the learned appellate court is bad for non-

compliance of the provision under Order 41 Rule 31 of the Code of Civil Procedure?

Issue Notice to the sole respondent.

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

Call for the LCR.

List after 4(four) weeks.

It is hereby directed that till disposal of the appeal, the judgment dated 24.06.2024 and decree dated 28.06.2024 passed by the learned Civil Judge (Sr. Div.), Charaideo in Title Appeal No.15/2021 shall remain stayed.

JUDGE

Comparing Assistant