Smt Biva Rani Das vs. Sri Durga Prasad Das And 2 Ors
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Order Issued After Hearing
Purpose:
For Hearing U/O Xli Rule Ii C.P.C.
Before:
Hon'ble Honourable Mr. Justice Achintya Malla Bujor Barua
Listed On:
28 Nov 2018
Original Order Copy
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Order Text
GAHC010034982016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 295/2018
1:SMT BIVA RANI DAS W/O SRI RAMAKANTA DAS, D/O LATE NARAM DAS, R/O BARAHALIA, TEZPUR TOWN, MOUZA MAHABHAIRAB, P.O. TEZPUR, DIST. SONITPUR, ASSAM.
VERSUS
1:SRI DURGA PRASAD DAS and 2 ORS S/O LATE NARAM DAS, R/O HOUSE NO. 52 DR. JAKIR HUSSAIN ROAD, GOPAL KRISHNA PATH, P.O. HENGRABARI, GUWAHATI 36 IN THE DIST. KAMRUP M, ASSAM.
2:SMTI NIVA HAZARIKA W/O LATE BIREN HAZARIKA R/O MAZGAON NABAPUR NEAR GOVT. B.ED. COLLEGE P.O. NIKAMUL TEZPUR DIST. SONITPUR ASSAM.
3:SMTI LEKHA RANI DAS W/O SRI GUNA KANTA DAS R/O VIJOYA ENCLAVE FLAT NO.C1A LAKHIMI PATH BELTOLA TINIALI GUWAHATI-781028
Advocate for the Petitioner : MR.N N JHA
Advocate for the Respondent :
Linked Case : I.A.(Civil) 3779/2018
1:SMTI BIVA RANI DAS Address - W/O SRI RAMAKANTA DAS D/O LATE NARAM DAS R/O BARAHALIA TEZPUR TOWN MOUZA MAHABHAIRAB P.O. TEZPUR DIST. SONITPUR ASSAM.
VERSUS
1:DURGA PRASAD DAS and 2 ORS
S/O LATE NARAM DAS R/O HOUSE NO. 52 DR. JAKIR HUSSAIN ROAD GOPAL KRISHNA PATH P.O. HENGRABARI GUWAHATI 36 IN THE DIST. KAMRUP M ASSAM.
2:SMTI NIVA HAZARIKA W/O LATE BIREN HAZARIKA R/O MAZGAON NABAPUR NEAR GOVT. B.ED. COLLEGE P.O. NIKAMUL TEZPUR DIST. SONITPUR ASSAM.
3:SMTI LEKHA RANI DAS W/O SRI GUNA KANTA DAS R/O VIJOYA ENCLAVE FLAT NO.C1A LAKHIMI PATH BELTOLA TINIALI GUWAHATI-781028.
Advocate for the Petitioner : MR. N N JHA Advocate for the Respondent : MR. S BHATTACHARJEE
BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
10.12.2018
Heard Mr. D. Saikia, the learned counsel for the appellant.
The issue raised that the courts below were wrong in non-considering the issue on non-joinder of necessary parties which was raised before the courts below and an issue ought to have been framed to that effect.
On perusal of the written statement, it is found that no such plea was taken rather it is the admitted position that Naram Das, the predecessor-in-interest of the parties to the suit died leaving behind the present parties who are on record.
Under such circumstances, the submission of Mr. Saikia cannot be accepted. However, he sought for adjournment which is granted and the same be listed for hearing under Order XLI Rule 11 CPC on 17.12.2018.
JUDGE
Comparing Assistant