Page No.# 1/5 vs Kalu Nggailiu Rongmai And 4 Ors
2025 Latest Caselaw 5850 Gua

Gauhati High Court

Page No.# 1/5 vs Kalu Nggailiu Rongmai And 4 Ors on 27 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/5

GAHC010199672021




                                                           2025:GAU-AS:8816

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

                            Case No. : CRP/68/2021

         RAMKHELAYAN RABIDAS @ RAMKHELAUN RABIDAS
         S/O LATE TAPESHWAR RABIDAS, VILL-DIGHOR FULERTAL, PART-1, P.O.
         AND P.S.-LAKHIPUR, DIST-CACHAR



         VERSUS

         KALU NGGAILIU RONGMAI AND 4 ORS
         W/O LATE HULEILU RONGMAI, VILL AND P.O.-FULERTAL, P.S.-LAKHIPUR,
         DIST- CACHAR (ASSAM)

         2:PUANGLU RONGMAI
         W/O KARENG POW RONGMAI
         VILL-HAGERNAGAR
          P.O. AND P.S. AND DIST-HAFLONG
          DIMA HASAO (ASSAM)

         3:DUMLU RONGMAI
         W/O CHANGNIA RONGMAI
          P.O.-UJAN TARAPUR
          P.S.-LAKHIPUR
          DIST-CACHAR (ASSAM)

         4:NINGAILUNG RONGMAI
          S/O LATE HULEILU RONGMAI
         VILL AND P.O.-FULERTAL
          P.S.-LAKHIPUR
          DIST-CACHAR (ASSAM)

         5:RAJENLUNG RONGMAI
          S/O LATE HULEILU RONGMAI
         VILL AND P.O.-FULERTAL
          P.S.-LAKHIPUR
                                                                Page No.# 2/5

             DIST-CACHAR (ASSAM

For the Petitioner(s)       : Mr. S. Hazarika, Advocate

For the Respondent(s)       : Mr. L.R. Mazumder, Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 27.06.2025

Heard Mr. S. Hazarika, the learned counsel appearing on behalf of the petitioner. Mr. L.R. Mazumder, the learned counsel appears on behalf of the respondents.

2. The revisional jurisdiction of this Court has been invoked challenging the order dated 20.04.2021 passed by the learned Court of the Civil Judge No. 1, Cachar, Silchar (hereinafter referred to as, "the learned First Appellate Court") in Title Appeal No. 21/2018 whereby the Appeal filed by the respondents herein was partly allowed by remanding the suit back to the learned Court of the Munsiff, Lakhipur, Cachar (hereinafter referred to as, "the learned Trial Court") to decide the suit afresh on the basis of the points of determination so framed.

3. The learned counsel appearing on behalf of the petitioner submitted that in view of the judgment of the Supreme Court in Page No.# 3/5

the case of United Bank of India, Calcutta Vs. Abhijit Tea Co. PVT. LTD. & Others reported in (2000) 7 SCC 357, once there is a remand by setting aside the judgment and decree passed by the learned Trial Court, the suit is deemed to be pending. Therefore, without providing an opportunity to the petitioner to file his written statement and framing points for determination, the learned First Appellate Court had committed an error in exercise of its jurisdiction.

4. This Court has duly taken note of the submission so made as well as the submission made by the learned counsel appearing on behalf of the respondents herein who are the plaintiffs.

5. It is the opinion of this Court that once the suit is remanded back to the learned Trial Court, the suit would be deemed to be pending. Under such circumstances, the learned First Appellate Court by formulating the points for determination and directed the learned Trial Court to decide on the points for determination alone had taken away the right of the petitioner herein to file the written statement.

6. This Court also takes note of that if the learned Trial Court is permitted to proceed with the suit in the manner as directed by the learned First Appellate Court, it would result in causing Page No.# 4/5

prejudice to the petitioner who is the defendant in the suit.

7. Considering the above, this Court therefore disposes of the instant proceedings with the following observations and directions:

i) This Court is not interfering with the order dated 20.04.2021 passed in Title Appeal No. 21/2018 insofar as setting aside the judgment and decree dated 29.09.2018 passed in Title Suit No. 68/2012 and remanding the suit back to the learned Trial Court for decision afresh.

ii) This Court, however, interferes with the said order dated 20.04.2021 only to the extent whereby the learned First Appellate Court at Paragraph No. 16 had formulated certain points for determination and directed the learned Trial Court to decide the suit on the basis of the said points for determination.

iii) It is seen from the record that there is a stay to the order dated 20.04.2021 passed in Title Appeal No. 21/2018. The stay to the order dated 20.04.2021 in Title Appeal No. 21/2018 amounts to stay of the Title Suit No. 68/2012. Accordingly, this Court therefore vacates the order dated 08.12.2021 whereby the order Page No.# 5/5

dated 20.04.2021 passed in Title Appeal No. 21/2018 was stayed.

iv) This Court fixes the further proceedings of Title Suit No. 68/2012 before the learned Court of the Civil Judge (Junior Division) Lakhipur, Cachar on 01.09.2025. On the said date, the petitioner herein who is the defendant in Title Suit No. 68/2012 is given the liberty to file the written statement without fail.

v) This Court further observes that if the written statement is not filed on the said date, the learned Trial Court shall proceed with the suit in accordance with law.

vi) The Registry shall return the LCR to the learned Court below forthwith ensuring the records are available before the learned Trial Court prior to the date so fixed hereinabove.

JUDGE

Comparing Assistant