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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Deba Kanta Sarma S/o Late Giridhar Sarma – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. court reviews the compliance of appellate procedure. (Para 1 , 10) |
| 2. the plaintiff claims ownership and encroachment by defendants. (Para 2) |
| 3. court emphasizes substantial compliance with procedural mandates. (Para 3 , 16) |
| 4. entitlement to land and possession rights. (Para 4 , 5 , 6) |
| 5. trial court findings on ownership and possession. (Para 8 , 9) |
| 6. arguments on appeal process and court compliance. (Para 12 , 13) |
| 7. appellate court's duty and reasoning requirements. (Para 14 , 15) |
| 8. dismissal of the appeal. (Para 17 , 18) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. P. Upadhyay, the learned counsel appearing on behalf of the appellant. Mr. D. Nath, the learned Senior Government Advocate appears on behalf of the Respondent State and Mr. T.R. Gogoi, the learned Government Advocate appears on behalf of the respondent Nos. 5 and 6.
2. The instant appeal is filed against the judgment and decree dated 02.08.2018 passed by the learned Civil Judge, Darrang, Mangaldoi (hereinafter referred to as, “the learned First Appellate Court”) in Title Appeal No. 03/2017 whereby the appeal filed by the appellant herein was dismissed, thereby confirming the judgment and decree dated 03.01.
The First Appellate Court must ensure substantial compliance with procedural norms, even if points for determination are not separately framed, provided all relevant issues are addressed.
The court affirmed that procedural defects in land ownership suits are curable and that the plaintiffs' suit was not barred by limitation, allowing recovery of possession.
Point of Law : Merely giving suggestions and not adducing any evidence to substantiate the same, cannot entitle the plaintiff to a decree as prayed for.
The first appellate court must provide points for determination and adequate reasoning when reversing a trial court's decree, as per Order 41 Rule 31 of CPC.
Compliance with the provisions of Order 41 Rule 31 of the CPC is mandatory for the appellate court before deciding the appeal on its merits.
The judgment emphasizes the need for the First Appellate Court to consciously apply its mind, closely scrutinize the Trial Court's reasoning, and provide reasons for arriving at a different finding.
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