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1992 Supreme(Gau) 121

D.N.BARUAH
Sushil Kumar Saha – Appellant
Versus
Juran Chandra Saha – Respondent


Advocates Appeared:
A. C. Sarma

Judgement

This revision is directed against the appellate judgment dated 23-2-87 passed by the Assistant District Judge, Dhubri in Misc. Appeal No. 12 of 1986, dismissing the appeal and affirming the judgment dated 24-2-86 passed by the First Munsiff, Dhubri in Misc. (J) Case No. 76 of 1984, arising out of Title Suit No. 689 of 1982.

2. The opposite party filed a suit for declaration of right, title and interest over the suit land and for recovery of khas possession. In usual course summons was issued to the petitioner. The suit was filed on 25-11-82 and the summons was served on 27-11-82 by hanging. The Process Server served summons as identified by the wife of the opposite party and when the summons was tendered to the petitioner he refused to accept the same, accordingly, he affixed a copy of the summons on the main door of his house. A copy of the summons was returned by the Process Server with his report. As per the said report, the petitioner refused to accept the same. No independent and disinterested witness was present at the time of service of summons by hanging. After such service of summons, the case was put up on 22-12-82 as fixed earlier and the Munsiff on the basis












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Judicial Analysis

None identified. No keywords or phrases indicating overruling, reversal, abrogation, or treatment as bad law (e.g., no mentions of "overruled," "reversed," "criticized," or "questioned") appear in any snippets.

**Relied upon / Followed:**

Sushil Kumar Saha Vs. Juran Chandra Saha, AIR 1993 Gau 48 (also cited as AIR 1993 Gauhati 48, 1992 2 GLR 455): Cited positively across multiple snippets. In CHAMPA DEVI VS A D J COURT NO 15 KANPUR NAGAR - 2008 0 Supreme(All) 2865, "Reliance has been placed upon two judgments rendered (1) ... (2) in the case of Sushil Kumar Saha Vs. Juran Chandra Saha." In Ashman Infra Project Pvt. Ltd. VS Biprangshu Talukdar - 2021 0 Supreme(Gau) 109, "provisions ... has been held to be mandatory by this Court in the case of Sushil [Kumar Saha Vs. Juran Chandra Saha]." Also listed/cited in R. L. SURI VS ASHOK KUMAR CHOUDHARY - 2000 0 Supreme(Del) 606 and NEENA SONI VS RAKESH SONI - 2004 0 Supreme(Del) 873.

Sushil Kumar Sabharwal Vs. Gurpreet Singh and ors.: Cited positively. In CHAMPA DEVI VS A D J COURT NO 15 KANPUR NAGAR - 2008 0 Supreme(All) 2865, "Reliance has been placed upon two judgments rendered (1) in the case of Sushil Kumar Sabharwal Vs. ... (Supra)." In NEENA SONI VS RAKESH SONI - 2004 0 Supreme(Del) 873, "Counsel draws my attention to certain judgments in Sushil kumar Sabharwal Vs. Gurpreet Singh and ors."

R. 2002 Supreme Court 2370: Cited positively. In CHAMPA DEVI VS A D J COURT NO 15 KANPUR NAGAR - 2008 0 Supreme(All) 2865, "Reliance has been placed upon two judgments rendered (1) ... R. 2002 Supreme Court 2370 and (2) ..."

**Cited (neutral listing, no specific treatment phrase):**

Gupta, 930 28 (1985) DLT 22: Simply listed in R. L. SURI VS ASHOK KUMAR CHOUDHARY - 2000 0 Supreme(Del) 606 with no treatment phrase.

Baldev Raj Gandok Vs. ...: Simply listed in R. L. SURI VS ASHOK KUMAR CHOUDHARY - 2000 0 Supreme(Del) 606 with no treatment phrase.

Krishan Kumar Aggarwal Vs. Ram Lal Kohli, 1987 (13) DRJ 280: Simply listed in R. L. SURI VS ASHOK KUMAR CHOUDHARY - 2000 0 Supreme(Del) 606 with no treatment phrase.

Ltd. and Ors. 91 (2001) DLT 446: Simply cited with semicolon in NEENA SONI VS RAKESH SONI - 2004 0 Supreme(Del) 873 with no treatment phrase.

None. All cases have either positive reliance language or neutral listing/citation identifiable from the snippets. No ambiguous treatments beyond standard citation practices.

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