Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Sharmila Vijay Shetty – Appellant
Versus
B and A Ltd. – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Mozumder, the learned Senior counsel assisted by Mr. P. Borah, the learned counsel appearing on behalf of the applicant. Also heard Mr. R. Banererjee and Mr. D. Sharma, both Senior counsels assisted by Mr. R. Chakraborty, Mr. A. Basu, the learned counsels as well as Mr. A. K. Sahewala, the learned counsels appearing on behalf of the opposite parties.
2. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 (for short ‘the Code) for recalling of the common judgment and order dated 13.11.2014 passed by this Court in CRP No.47/2014 and CRP No.97/2014.
FACTS LEADING TO THE INSTANT APPLICATION:
3. One Mr. Hemendra Prasad Barooah (since deceased) had filed a suit being Title Suit No.41/2012 before the learned Court of the Civil Judge, Jorhat (hereinafter referred to as ‘the learned Trial Court’) against the applicant as well as the opposite party Nos. 1 and 2 seeking a decree that the plaintiff (Late Hemendra Prasad Barooah) was the sole and absolute owner of 8,61,918 equity shares of the opposite party No.1 company which is lying in the Demat Account bearing No. DP ID IN 301151 and Client ID 26424547 which were in
The executor of a will can be treated as a legal representative for substitutive actions in civil suits without requiring probate, ensuring continuity of legal proceedings.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
The doctrine of res judicata bars re-litigation of issues, ensuring judicial efficiency by preventing repetitive and vexatious claims, particularly in arbitrational contexts.
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
The trial court lacks jurisdiction to entertain a recall application from a non-party after a preliminary decree for partition has been passed, as it becomes functus officio.
Recall of decree – Inherent power may be exercised to undo result achieved by practising fraud upon court – But, if fraud is played upon party, they have to resort to provisions available under law t....
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
