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IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Mafizuddin, S/o. Late Hussain Ali – Appellant
Versus
Legal heirs of Late Saripon Nessa:- Kashim Uddin, S/o. Late Mokshed Ali – Respondent
| Table of Content |
|---|
| 1. introduction of procedural history and framing of the substantial question of law regarding appellate jurisdiction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. submission of arguments regarding the exclusion of immovable property suits from small cause court jurisdiction. (Para 6 , 7) |
| 3. statutory interpretation of section 96(4) of the cpc and section 15 of the provincial small cause courts act, 1887. (Para 8 , 9 , 10 , 11) |
| 4. suits for possession of immovable property are expressly excluded from the small cause court threshold for appealability. (Para 12 , 13 , 14 , 15) |
| 5. final order setting aside the appellate dismissal and remanding the case for consideration on merits. (Para 16 , 17 , 18) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. N. Haque, learned counsel appearing for the appellants. Also heard Mr. S. A. Bakhtiar, learned counsel appearing for the respondents.
2. The instant second appeal has been preferred against the judgment dated 11.12.2020 and decree dated 18.12.2020 passed by the learned Civil Judge, Barpeta in Title Appeal No. 51/2017, whereby the judgment and decree dated 06.09.2017 passed by the learned Munsiff No.1, Barpeta in Title Suit No. 276/2012 were affirmed.
3. This
A suit for declaration of title and recovery of possession of immovable property is excluded from the jurisdiction of a Court of Small Causes. Consequently, the bar on appeals under Section 96(4) of ....
Jurisdictional rules under small cause courts dictate that the nature of a suit, not procedure, defines its cognizability, leading to dismissal of appeals when not maintainable.
Jurisdiction of Small Cause Court does not include suits for damages resulting from dispossession when rights have been previously established.
The main legal point established in the judgment is that the suit must be filed for a cause of action with respect to all properties forming part of the suit, and the court must have territorial juri....
The judgment establishes that in civil litigation, the burden of proof lies with the plaintiff, and issues must be framed based on the pleadings. A second appellate court is limited to substantial qu....
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