Phatik Borah vs Harakanta Chayengiya
2024 Latest Caselaw 8639 Gua

Gauhati High Court

Phatik Borah vs Harakanta Chayengiya on 25 November, 2024

                                                                         Page No.# 1/3

GAHC010226042024




                                                                 undefined

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

                                  Case No. : RSA/211/2024

            PHATIK BORAH
            S/O LATE BONGALI BORAH,
            RESIDENT OF VILLAGE BOKULBARI, PO PATHALIPAM, PS BOGINADI,
            MOUZA KADAM, DIST LAKHIMPUR, ASSAM 787056

            VERSUS

            HARAKANTA CHAYENGIYA
            S/O LATE JATISH @ JATIN CHAYENGIYA,
            RESIDENT OF VILLAGE BOKULBARI, PO PATHALIPAM, PS BOGINADI,
            MOUZA KADAM, DIST LAKHIMPUR, ASSAM 787056


Advocate for the Petitioner   : MR. L GOGOI, MR. M K SHARMA

Advocate for the Respondent : ,


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

25.11.2024

Heard Mr. M.K. Sharma, learned counsel for the appellant.

2. This appeal, under Section 100 of the C.P.C., is directed against the Judgment dated 31.07.2024 and Decree dated 08.08.2024, passed by the learned Civil Judge (Senior Division), Lakhimpur at North Lakhimpur, in Title Appeal No. 08/2024 and also the Judgment dated 30.01.2024 and Decree dated 12.02.2024, Page No.# 2/3

passed by the learned Munsiff No. 2, Lakhimpur at North Lakhimpur, in Title Suit No. 05/2022.

3. It is to be noted here that vide impugned Judgment dated 31.07.2024 and Decree dated 08.08.2024, the learned Civil Judge (Senior Division), Lakhimpur at North Lakhimpur has affirmed the Judgment dated 30.01.2024 and Decree dated 12.02.2024, passed by the learned Munsiff No. 2, Lakhimpur at North Lakhimpur, in Title Suit No. 05/2022.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment dated 31.07.2024 and Decree dated 08.08.2024, passed by the learned Civil Judge (Senior Division), Lakhimpur at North Lakhimpur, in Title Appeal No. 08/2024 and also perused the Judgment dated 30.01.2024 and Decree dated 12.02.2024, passed by the learned Munsiff No. 2, Lakhimpur at North Lakhimpur, in Title Suit No. 05/2022.

5. Having heard the submission of learned counsel for the appellant, this second appeal is admitted on the following substantial question of law :-

"Whether the learned trial court as well as the learned first appellate court are justified in dismissing the suit on the basis of a document, i.e. Annexure - A, which was not exhibited during the trial?"

6. This court may also consider framing of any other substantial questions of law, if necessary, at the time of hearing of the appeal.

7. Let notice be issued to the respondent, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process.

8. The Registry shall call for the record from the learned trial court as well as from the learned first appellate court.

Page No.# 3/3

9. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant