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2021 Supreme(Gau) 497

DEVASHIS BARUAH
Bijoy Lal Suklabaidya S/o Late Aboni Mohan Suklabaidya – Appellant
Versus
Sushanta Kar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.P. Choudhury.
For the Respondent: Mr. S. Biswas.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S.P. Choudhury, the learned counsel appearing for the petitioners and Mr. S. Biswas, the learned counsel for the respondent No. 1. None appeared for the Proforma- Respondent Nos. 4 and 5.

2. As regards the Proforma-Respondent No. 2, the office note dated 24.06.2020 does not reveal that the service is complete. However, taking into consideration the issue in hand, the judgment and order, which I propose to pass, the presence of the Proforma-Respondent Nos. 2, 3, 4 and 5 is not relevant for the disposal of the instant petition.

3. This is a petition under Section 115 read with Section 151 of the Code of Civil Procedure, whereby the judgment and decree dated 09.11.2018 passed by the Civil Judge No. 2, Cachar at Silchar in Title Appeal No. 3/2009 affirming the judgment an decree dated 23.12.2008 passed by the Munsiff No. 2, Cachar at Silchar in Title Suit No. 40/2003 has been put to challenge.

4. Before embarking upon the merits of the case, it would be relevant to take note of that, that this is a proceeding under Section 115 of the Code of Civil Procedure, whereby the revisional jurisdiction of this Court has been invoked. It must be noted that

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