JUDGMENT :

Heard Mr. D. Baruah the learned counsel for the appellants and Mr. K.N. Choudhury, the learned Senior Counsel assisted by Mr. P. Sundi and Mr. K.Goswami the learned counsel for the respondents.

This regular first appeal u/s 96 of the Code of Civil Procedure, 1908(CPC) is filed against the judgment and decree dated 18.12.2017 and 20.12.2017 respectively passed by the learned Civil Judge, Sonitpur at Tezpur in T.S. No. 16/2011 dismissing the suit. The plaintiffs appellants filed the suit claiming damages against the defendants respondents due to the death of their son, Ranveer Das aged about 15 years due to negligence of the authority of the school, a boarding one situated at Balipara. The factual matrix giving rise to the cause of action for filing the suit is stated below.

2. Williamson Magor Education Trust, the defendant respondent No. 1 is a Trust under the Indian Trust Act, 1882 represented by the Chairman, Board of Trustees established the Assam Valley School represented by the Chairman, Board of Governors, the defendant No. 2 at Balipara which is about 27 kms. away from its nearest Tezpur Town in the year 1995. The school is a residential one and the school authority