At Makunda Po Bazaricherra vs Supriti Das And 2 Ors
2025 Latest Caselaw 4400 Gua

Gauhati High Court

At Makunda Po Bazaricherra vs Supriti Das And 2 Ors on 24 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/4

GAHC010010682025




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

                            Case No. : RSA/10/2025

         EMMANUEL HOSPITAL ASSOCIATIONS AND 2 ORS
         A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT,
         BEARING REGISTRATION NO. 4546 OF 1970-71 WITH ITS HEAD OFFICE AT
         808/92 NEHRU PLACE, NEW DELHI 110019

         2: MAKUNDA CHRISTIAN LEPROSY AND GENERAL HOSPITAL
         A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT
         BEARING REGISTRATION NO. 14 OF 1970 WITH ITS OFFICE AND HOSPITAL
         AT MAKUNDA PO BAZARICHERRA
          DIST KARIMGANJ
          PRESENTLY SRIBHUMI
          788727

         3: THE ADMINISTRATOR
          MAKUNDA CHRISTIAN LEPROSY AND GENERAL HOSPITAL AT
         MAKUNDA PO BAZARICHERRA
          DIST KARIMGANJ
          PRESENTLY SRIBHUMI
          78872

         VERSUS

         SUPRITI DAS AND 2 ORS
         W/O LATE INDRAJIT DAS,
         RESIDENT OF VILLAGE MAKUNDARBOND, PO BAZARICHERRA, PS
         PATHARKANDI, DIST KARIMGANJ, PRESENTLY SRIBHUMI, ASSAM 788727

         2:SRI INDU BHUSAN DAS
          S/O LATE INDRAJIT DAS

         RESIDENT OF VILLAGE MAKUNDARBOND
         PO BAZARICHERRA
         PS PATHARKANDI
         DIST KARIMGANJ
                                                                    Page No.# 2/4

              PRESENTLY SRIBHUMI
              ASSAM 788727

          3:SRI BINDU DAS

              S/O LATE INDRAJIT DAS

          RESIDENT OF VILLAGE MAKUNDARBOND
          PO BAZARICHERRA
          PS PATHARKANDI
          DIST KARIMGANJ
          PRESENTLY SRIBHUMI
          ASSAM 78872




Advocate for the appellant(s): Mr. A Dhar



Advocate for the respondent(s): X X


                                      BEFORE
                  HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                       ORDER

24.03.2025

Heard Mr. A Dhar, the learned counsel appearing on behalf of the appellants.

2. This is an appeal filed under Section 100 of the Code of Civil Procedure, 1908, (for short, the Code), whereby the judgment and decree dated 30.09.2024 passed by the learned Civil Judge (Senior Division), Karimganj i.e. Page No.# 3/4

the learned First Appellate Court in Title Appeal No.44/2010 is being assailed.

3. The instant appeal is admitted on the following substantial question of law:

"Whether the learned First Appellate Court was justified in dismissing the appeal filed by the appellants without considering the application under Order XLI Rule 27 of the Code filed at the appellate stage for proving the Exhibit-4 and Exhibit-5?".

4. Taking into account the substantial question of law which has been formulated above, this Court directs the Registry to forthwith procure the records of the learned First Appellate Court pertaining to Title Appeal No.44/2010.

5. Steps be taken for service of notice upon the respondents by way of registered post with A/D as well as through usual process within 7(seven) days from today.

6. In addition to that the appellants are given the liberty to take steps by way of Dasti routed through the Registry of this Court and to file an affidavit of service on or before the next date fixed.

7. List the matter again on 28.05.2025.

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8. The records as directed above be placed before this Court on the next date fixed.

JUDGE Comparing Assistant