This appeal is directed against the order dated 4.2.93 passed by the Assistant District Judge, Kamrup at Guwahati in Misc (J) Case No. 10 of 1993. The appeal has been filed by the defendant.

2. Both the defendant and the plaintiff are co-operative societies and the dispute is regarding the settlement of fishery, namely, Fishery No. 1 Chaulkhowa Fishery which was settled directly by the Govt. under the proviso to Rule 12 of the Rules for Settlement of Fisheries. 1953 as amended. These Rules were framed under sections 155 and 156 of Assam Land and Revenue Regulation, 1886 and section 6 of the Indian Fisheries Act, 1897. According to the plaintiff-respondent the settlement in favour of defendant is bad in law and accordingly prayed for a decree for declaration that the plaintiff society is entitled to get settlement of the said fishery and for a declaration that the judgment dated 28.1.93 passed in Civil Rule No.2620 of 1992 by this Court is bad in the eye of law and not binding on the plaintiff and also for a permanent injunction restraining the defendant and their employees to give effect to the order of settlement No. FISH/42/85/270 dated 1.12.92.

3. It may be stated that in the suit

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