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2022 Supreme(Gau) 14

DEVASHIS BARUAH
Nani Gopal Das S/o Late Sashi Kumar Das – Appellant
Versus
Dhananajoy Das S/o Late Dhirendra Kr. Das – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.P. Borah.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. B.P. Borah, the learned counsel appearing for the Appellants. None appeared for the Respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 30.01.2019 passed in Title Appeal No. 5/2018 by the First Appellate Court, whereby the judgment and decree dated 13.12.2017 passed by the Trial Court in Title Suit No. 60/2007 was affirmed.

3. Before deciding the contentions raised by the counsel as aforementioned, it would be necessary to look into the jurisdiction of this Court in exercise of the power under Section 100 of the CPC. It is relevant herein to mention that the instant appeal arises out of a concurrent findings of facts. Section 100 of the CPC permits the High Court to exercise the jurisdiction against an appellate decree only when there arises a substantial question of law. The word ‘substantial’ prefixed to ‘question of law’ does not refer to the stakes involved in the case, nor intended to refer only to questions of law of general importance, but refers to impact or effect of the question of law on the decision in the lis between the parties. ‘Substantial question

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