Lodge C. J. - This is a second appeal from the judgment and decree of the District Judge, Assam Valley Districts, dated 8th July 1943 by which he set aside the judgment and decree of the trial Court which had dismissed the plain­tiff's suit with costs.

[2] The suit was instituted by one Gunaram Kalita in the following circumstances. It appears that the plaintiff bad taken 'a settlement of a plot of land and a patta No. 4 / 6 on an annual lease for the year 1939-40. He applied to the revenue authorities for a periodic settlement. The appellants also applied for a similar settlement. The Sub-Deputy Collector of Kamalpun Circle decided to settle the land on the parties in equal shares and passed an order to that effect on 6th September 1940. The plaintiff ap­pealed against this order to the revenue autho­rities but his appeal was rejected. The plaintiff then instituted the present suit for a declaration that he alone was entitled to get a settlement of the whole plot and impleaded the appellants only,

[3] It is not necessary to refer to the written statement of the appellants as we take the view that the plaintiff's suit was wholly misconceived from the point of view of the party sued,

Click Here to Read the rest of this document