JUDGMENT :

Heard Mr. D. Kalita, learned counsel representing the appellant as well as Mr. D.K. Das, learned counsel appearing for the respondents.

2. This is a common judgment for these two items. These are Regular Second Appeals under Section 100 of the Code Procedure Civil (CPC) whereby the judgment dated 28.05.2014 passed by the court of learned Civil Judge, Dhubri in Title Appeal No.34/2009, arising out of Title Suit No.157/2007 (Original T.S. 95 of 1997), is under challenge.

3. One of the substantial questions of law is as to whether the judgment and decree passed by the first appellate court is in consonance with the provisions of Order 41 Rule 31 of the Code Procedure Civil, 1908.

4. Mr. Kalita has relied upon judgment of a Supreme Court that was delivered in Manjula v. Shyamsundar, (2022) 3 SCC 90. Paragraph 8 of the said judgment is quoted as under:

“8. Section 96 of the Civil Procedure Code, 1908 (for short “CPC”) provides for filing of an appeal from the decree passed by a court of original jurisdiction. Order 41 Rule 31 CPC provides the guidelines to the appellate court for deciding the appeal. This rule mandates that the judgment of the appellate court shall state:

(a) point