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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah
Shri Rajeev Goswami @ Rajib Goswami, S/O- Late Dugdha Nath Goswami – Appellant
Versus
On The Death Of Radhika Prasad Khound, His Daughter Smt. Sudesna Khound – Respondent
| Table of Content |
|---|
| 1. jurisdiction and background of appeal (Para 2 , 3 , 8) |
| 2. questions of law for consideration (Para 5 , 17) |
| 3. appeal filed under cpc challenging a judgment. (Para 6) |
| 4. factual context of the suit (Para 11 , 12 , 14 , 15) |
| 5. court's conclusions on evidence and arguments (Para 16 , 19 , 21) |
| 6. no substantial questions of law found; appeal consequently dismissed. (Para 18) |
| 7. analysis of procedural requirements and compliance (Para 20) |
| 8. final judgment and implications (Para 22 , 23) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. N. C. Das, the learned senior counsel assisted by Ms. M. Devi, the learned counsel appearing on behalf of the appellant.
2. This is an Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the judgment and decree dated 31.10.2019 passed in Title Appeal No.6/2017 (earlier numbered as Title Appeal No.10/2010) by the Court of the learned District Judge, Dibrugarh (hereinafter referred to as the ‘learned First Appellate Court’) whereby the Appeal so filed by the appellant was dismissed thereby affirming the judgment and decree dated 27.01.2010 passed by the learned Munsiff No.1, Dibrugarh (hereinafter referred
The absence of formally framed points for determination in appellate judgements does not invalidate a judgment if substantial compliance and consideration of relevant issues are evident.
The judgment establishes that a plaintiff seeking specific performance must prove readiness and willingness to perform the contract, and that reasonable delays in filing suit do not automatically pre....
The court ruled that framing additional issues after arguments is lawful if it aids in resolving the matter, and failure to substantiate claims regarding tenancy rights led to dismissal of the appeal....
The validity of a sale deed confers title to the purchaser, and claims of permissive occupation by defendants do not negate this ownership.
The central legal point established in the judgment is the importance of proving the existence of an agreement and the plaintiff's readiness to perform the contract in a specific performance case.
The appellate court must provide a reasoned judgment when dismissing a first appeal, ensuring all issues are adequately addressed to uphold the parties' rights.
Section 100 of Code provides for a right of Second Appeal by approaching a High Court and invoking its aid and interposition to redress error(s) of Sub-Ordinate Court, subject to limitations provided....
The court established that factual determinations regarding possession and the validity of sale deeds do not constitute substantial questions of law under Section 100 of the CPC, and affirmed the aut....
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