Pinku Borah vs Ranjit Nath And 17 Ors
2025 Latest Caselaw 422 Gua

Gauhati High Court

Pinku Borah vs Ranjit Nath And 17 Ors on 9 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/4

GAHC010082372025




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

                             Case No. : RSA/64/2025

         PINKU BORAH
         S/O SRI NOBIN BORA, R/O BOR ALEGI SATRA, P.O. ISLAM GAON, P.S.
         BIHPURIA, DIST. LAKHIMPUR.



         VERSUS

         RANJIT NATH AND 17 ORS
         S/O LT. GOPAL CHANDRA NATH, R/O WARD NO 3, BIHPURIA TOWN, P.O.
         AND P.S. BIHPURIA 784161, DIST. LAKHIMPUR.

         2:HARENDRA NATH BORA

          S/O MALIRAM BORA

         3:ASHOK CHAKRABORTY

          S/O KAMAKKHYA CHAKRABORTY

         4:SMT. SAPNA CHAKRABORTY
          D/O KAMAKHYA CHAKRABORTY

         5:UTPAL CHAKRABORTY

          S/O KAMAKHYA CHAKRABORTY

         6:RAHUL CHAKRABORTY
          S/O KAMAKHYA CHAKRABORTY)

         7:ANIL KUMAR SINGH
          S/O LALAL SINGH

         8:SMT. PHULPHULI GUPTA
                                                                  Page No.# 2/4

     DIST. LAKHIMPUR

     9:AMRAWATI GUPTA

     DIST. LAKHIMPUR

     10:SMT. CHANDA GUPTA SAHU
      DIST. LAKHIMPUR

     11:SMTI. BRINDA GUPTA SAHU
      DIST. LAKHIMPUR

     12:SMT. MIRA GUPUTA SAHU
      DIST. LAKHIMPUR

     13:SMT. GITA GUPTA
      DIST. LAKHIMPUR

     14:SMT. PUSPA DAS GUPTA
      DIST. LAKHIMPUR

     15:SMT. ASHA SAHU GUPTA
      DIST. LAKHIMPUR

     16:SMT. USHA SAHU GUPTA
      DIST. LAKHIMPUR

     17:SMT. PUJA GUPTA
      (ALL D/O SIBA DAS
      GUPTA
      R/O BIHPURIA TOWN
     WARD NO 3
      P.O. AND P.S. BIHPURIA
      PIN 784161
      DIST. LAKHIMPUR)

     18:UNITED BANK OF INDIA

     PRESENTLY RENAMED AT PUNJAB NATIONAL BANK
     REPRESENTED BY ITS BANK MANAGER
     BIHPURIA TINI ALI BRANCH
     P.O. AND P.S. BIHPURIA 784161
     DIST. LAKHIMPU

For the Appellant(s)           : Ms. S. G. Baruah, Advocate

For the Respondent(s)          : Mr. N. N. Upadhyaya, Advocate
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 09.05.2025

Ms. S. G. Baruah, the learned counsel appearing on behalf of the appellant submits that the instant appeal is directed against the judgment and decree dated 21.03.2025 passed in Title Appeal No.15/2024 whereby the learned First Appellate Court had affirmed the judgment and decree dated 26.06.2024 passed in Title Suit No.64/2021. The learned counsel submits that the learned Trial Court i.e. the Court of the learned Civil Judge, (Junior Division) No.1, Lakhimpur while decreeing the suit of the plaintiff had also dismissed the counter claim. The learned counsel for the appellant further submits that the instant appeal is directed against decreeing of the suit as well as the dismissal of the counter claim.

2. Taking into account the above, it is the opinion of this Court that the appeal can obviously be maintainable against decreeing of the suit and dismissal of the counter claim however, the appellant is required to pay the necessary Court Fee for the counter claim which has not been paid as it is apparent from the records. Ms. S. G. Baruah, the learned counsel submits that the appellant is ready to pay the adequate Court Fee.

3. Considering the above, the Registry shall intimate the learned counsel for the appellant as to what additional amount of Court Fee is required to be paid and upon such intimation, the appellant is given the Page No.# 4/4

liberty to make such payment. Failing to make such payment, this appeal shall only be construed as an appeal filed against the judgment and decree passed in favour of the plaintiff in the suit and not the counter claim.

4. List this matter again on 23.05.2025.

JUDGE

Comparing Assistant