ORDER

18.10.2023 Date :

Heard Mr. S.K. Ghosh, learned counsel for the appellant.

2. This appeal under Section 100 CPC has been filed to assail the appellate judgment and decree dated 09.09.2015, passed by the learned Civil Judge, Nagaon in Title Appeal No. 12/2013, thereby dismissing the appeal and affirming the judgment and decree dated 19.01.2013, passed by the learned Munsiff, Kaliabor in T.S. No. 16(K)/2017, by which the suit of the respondent no.1 was decreed.

3. The learned counsel for the appellant has referred to the draft substantial questions of law contained in the memo of appeal and has submitted that he has prepared a re-casted substantial question of law and prayed for admission of appeal on the said substantial questions of law. The draft substantial questions of law are as follows:

1) Whether the Learned Courts below erred in Law in decreeing the suit of the plaintiff without considering the provision of section 48 of the T.P. Act?

2) Whether the Learned Courts below erred in Law in decreeing the suit of the plaintiff without applying the provisions of section 101 of the Indian Evidence Act?

3) Whether the Learned Courts below erred in Law in not deciding the point of Law