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GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Hem Chandra Bora, S/o. Late Phanidhar Bora – Appellant
Versus
Prakash Bhagawati, S/o. Late Binod Bhagawati – Respondent
| Table of Content |
|---|
| 1. grounds for challenging previous court decisions. (Para 3 , 4 , 5 , 6) |
| 2. petitioner challenges dismissal of suit. (Para 7) |
| 3. issues and evidence regarding plaintiff's claims. (Para 8 , 9 , 10) |
| 4. remand and appeal procedures under cpc. (Para 11 , 12) |
| 5. court's authority on remanding cases. (Para 13 , 14) |
| 6. jurisdictional limits regarding article 227. (Para 18 , 19) |
| 7. conclusion of court's dismissal of petition. (Para 20) |
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. S Biswas, the learned counsel appearing on behalf of the petitioner.
2. The instant petition is taken up for disposal at the motion stage itself.
3. The petitioner herein has assailed the judgment and decree dated 11.04.2025 passed by the Court of the learned Civil Judge, (Junior Division) No. 1, Sonitpur, Tezpur in Title Suit No. 28/1997 on the ground that the said judgment and decree is in contravention to the provisions of Order XLI Rule 25 of the Code of Civil Procedure, 1908 (for short, ‘the Code’). In addition to that, the petitioner has also assailed the order dated 20.04.2018 passed by the Court of the learned Civil Judge, Sonitpur Tezpur in Title Appeal No.5/2001. The petitioner has also sought for di
Judicial review under Article 227 is not available when an appeal under the CPC exists; an appellate court can remand for fresh adjudication while preserving the continuity of the original suit.
Point of law: as Order XLI Rule 25 of the Code is concerned, the power is generally invoked by the appellate court where it holds that the trial court passed the decree omitted to frame or try any is....
The court clarified that appeals can be filed against judgments under amended Rule 1 of Order XLI, emphasizing that headings do not control the clear language of statutory provisions.
Not only a decree-holder or a purchaser but also a third party can complain of resistance and obstruction to the decree for execution and this aspect is clear from the caption "Resistance to delivery....
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