Page No.# 1/2 vs Saraswati Barman
2025 Latest Caselaw 1832 Gua

Gauhati High Court

Page No.# 1/2 vs Saraswati Barman on 8 January, 2025

                                                                      Page No.# 1/2

GAHC010209312024




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

                                    Case No. : RSA/3/2025

            DULAL BARAMAN AND ANR
            S/O LATE HARENDRA BARMAN
            RESIDENT OF VILLAGE ATHIABARI, PO GOBARDHANA, DIST BAKSA,
            ASSAM 781315

            2: SMTI BIPULA BARMAN
            W/O DULAL BARMAN

            RESIDENT OF VILLAGE ATHIABARI
            PO GOBARDHANA
            DIST BAKSA
            ASSAM 78131

            VERSUS

            SARASWATI BARMAN
            W/O SAMBHU BARMAN,
            RESIDENT OF VILLAGE ATHIABARI, PO GOBARDHANA, DIST BAKSA,
            ASSAM 781315



Advocate for the Petitioner   : MR. SURAJIT DAS, MR. P P DAS

Advocate for the Respondent : ,
                                                                          Page No.# 2/2


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 08.01.2025

Heard Mr. P.P. Das, learned counsel for the appellants.

2. This regular second appeal, under Section 100 of the CPC, is directed against the judgment and decree dated 09.07.2024, passed by the learned Civil Judge (Senior Division), Baksa, in Title Appeal No. 4/2023.

3. It is to be noted here that vide impugned judgment and decree dated 09.07.2024, the learned first appellate Court has reversed the judgment and decree dated 26.06.2023, passed by the learned Civil Judge (Junior Division), Baksa, in Title Suit No. 27/2020.

4. Perused the memo of appeal and it appears that as required under sub- section (3) under Section 100 of the CPC, the substantial question of law has not been incorporated in the memo of appeal. It is also mandated by a three Judges Bench of Hon'ble Supreme Court in the case of Santosh Hazari vs. Purushottam Tiwari (deceased) by LRs, reported in (2001) 3 SCC 179, that obligation is cast on the appellant to precisely state in the memorandum of appeal the substantial questions of law involved in the appeal and which the appellant proposes to urge before the Court.

5. Mr. Das submits that he will satisfy the Court on the next date.

6. List the matter on 29.01.2025.

JUDGE

Comparing Assistant