Rajat Ghosh vs On The Death Of Bijitendra Narayan Paul @ ...
2024 Latest Caselaw 4832 Gua

Gauhati High Court

Rajat Ghosh vs On The Death Of Bijitendra Narayan Paul @ ... on 15 July, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                               Page No.# 1/3

GAHC010095492024




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

                           Case No. : RSA/116/2024

         RAJAT GHOSH
         S/O LATE RUKMINI KANTA GHOSH,
         RESIDENT OF VIVEKANAND ROAD, JAGADISH BOSE LANE, SILCHAR, PS
         SILCHAR, DIST CACHAR, ASSAM 788007



         VERSUS

         ON THE DEATH OF BIJITENDRA NARAYAN PAUL @ BIJIT NARAYAN PAUL
         HIS LEGAL HEIRS BIJOY PAUL AND ORS
         S/O LATE BIJITENDRA NARAYAN PAUL,
         RESIDENT OF C/O KALYANI MEDICOS COLLEGE ROAD, PO SILCHAR DIST
         CACHAR, ASSAM 788007

         2:SRI BIPLAB PAUL
          S/O LATE BIJITENDRA NARAYAN PAUL

         RESIDENT OF C/O KALYANI MEDICOS COLLEGE ROAD
         PO SILCHAR DIST CACHAR
         ASSAM 788007

         3:SMTI SWASTIKA PAUL
         W/O SRI DWIPAN PAUL

         RESIDENT OF C/O KALYANI MEDICOS COLLEGE ROAD
         PO SILCHAR DIST CACHAR
         ASSAM 788007

         4:SMTI. MADHUMITA GUPTA
         W/O SRI SIDDHARTHA GUPTA
         D/O LATE BIJITENDRA NARAYAN PAUL

         RESIDENT OF HOUSE NO. 14
                                                                                     Page No.# 2/3

              DACCAPATTY
              PO AND PS SILCHAR
              DIST CACHAR
              ASSAM 78800

Advocate for the Petitioner     : MR SISHIR DUTTA

Advocate for the Respondent :




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

                                            O R D E R

15.07.2024

Heard Mr. A. Biswas, 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 failure on the part of the First Appellate Court to formulate the "points of determination" as envisaged under Order 41 Rule 31(a) of the Code of Civil Procedure, 1908 have rendered the Judgment & Decree dated 03.02.2024 passed by the learned District Judge, Cachar, Silchar, Assam in Title Appeal No. 07 of 2016 illegal, void and contrary to law?

2. Whether the First Appellate Court and the learned Trial Court were both justified in a suit for Specific Performance of Contract to question the right and authority of the vendor i.e. Late Bijitendra Narayan Paul, to enter into a contract (i.e. the "Bainama" dated 25.08.2021) to sell the suit property to the vendee (i.e. the appellants herein) when the title and authority of the vendor was never in dispute or put to challenge in the said trial?

3. Whether the First Appellate Court was justified in disregarding the "Joint Page No.# 3/3

Compromise Petition" filed by the parties under Order 23 Rule 3 CPC on 30.08.2023 while rejecting the appeal preferred by the appellant and upholding the judgment and decree dated 23.06.2023 passed by the Civil Judge No.1, Cachar, Silchar, Assam in Title Suit No.10 of 2023?

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 after 6(six) weeks.

JUDGE

Comparing Assistant