JUDGMENT

Achintya Malla Bujor Barua, J. - Heard Mr. B Chakravarty, learned counsel for the appellants. Also heard Mr. G Bordoloi, learned State counsel for the respondents.

2. The appellant plaintiffs instituted T.S No.220/2009 in the Court of the learned Civil Judge Junior Division No.3, Kamrup at Guwahati with the following prayer:

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"a. For a declaration that victim Prakash Singhania is dead who is missing since 17.02.2002 to enable the plaintiffs to take further course of action to which they are entitled as per law;

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b. and any other such relief/reliefs to which the plaintiffs are entitled as per law and equity."

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3. The only relief sought for in the title suit was for a declaration that Prakash Singh Singhania is dead since he is missing since 17.02.2002. The prayer made in the plaint itself makes it apparent that the plaintiffs intend to invoke the provisions of Section 108 of the Evidence Act which provides for a presumption that in the event a person has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden to prove that he is alive shifts to the person who affirms it that he is alive.

4. In paragraph 2