Himanshu Upadhayay vs Dipti Ray And Anr
2025 Latest Caselaw 7285 Gua

Gauhati High Court

Himanshu Upadhayay vs Dipti Ray And Anr on 15 September, 2025

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GAHC010200562025




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

                                  Case No. : RSA/159/2025

            HIMANSHU UPADHAYAY
            SON OF SRI PRABHAKAR UPADHAYAY, RESIDENT OF VILLAGE
            PATTARGGHAT NEAR ARMY CAMP KOKRAJHAR TOWN, WARD NO 2, DIST.
            KOKRAJHAR BTR, ASSAM.



            VERSUS

            DIPTI RAY AND ANR.
            WIFE OF LATE KANAL RAY, RESIDENT OF KOKRAJHAR TOWN,
            SUBHASHPALLY, WARD NO. 3, PS AND DIST. KOKRAJHAR BTR, ASSAM

            2:MADAN GOPAL AGARWALA
             SON OF SRI B.L. AGARWALLA
             RESIDENT OF KOKRAJHAR TOWN
            WARD NO 3
             PS AND DIST KOKRAJHAR BTR
            ASSA

Advocate for the Petitioner   : MS R SAHA, MR. B J MUKHERJEE

Advocate for the Respondent : ,




                                      BEFORE
                       HON'BLE MRS. JUSTICE MITALI THAKURIA


ORDER

Date : 15.09.2025.

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Heard Mr. B.J. Mukherjee, learned counsel for the appellant.

This appeal, under Section 100 of the Code of Civil Procedure, 1908, is preferred against the judgment and decree dated 30.07.2025, in Money Appeal No.01/2024, passed by learned Civil Judge (Sr. Division), Kokrajhar in partly allowing the appeal on contest and thereby setting aside and reversing the judgment and decree of dismissal dated 06.08.2024, passed by the Civil Judge (Jr. Division) in Money Suit No.18/2021.

Upon hearing the learned counsel for the appellant, this appeal is admitted on the following substantial questions of law:-

1. Whether the application of Sec. 103 of the Indian Evidence Act, 1872 (now Sec. 106 of Bharatiya Sakshya Adhiniyam, 2023), by the appellate Court is in contravention to the provision of Sec. 101 the of the Indian Evidence Act, 1872 (now Sec. 104 of Bharatiya Sakshya Adhiniyam, 2023)?

2. Whether the Judgment and decree dated 30.07.2025 passed by the learned Appellate Court is sustainable in the eye of law in view of the contradictions in the Plaintiff's statements as evident from the plaint, the criminal case and the alleged money borrowing agreements?

The Court may also hear this appeal on any other substantial questions of law after notice to the respondents.

Issue notice to the respondents, returnable within 4 (four) weeks.

The learned counsel for the appellant shall take steps for service of notice Page No.# 3/3

upon the respondents by registered post with A/D as well as by usual process within a period of 3 (three) days from today.

Also, call for the LCR.

List the matter after the Puja Vacation on a date to be fixed by the Registry.

JUDGE

Comparing Assistant