JUDGMENT

Date : 29-01-2018

Heard Mr. B. Banerjee, the learned Senior Counsel, assisted by Mr. S.K. Ghosh, the learned Counsel appearing for the appellant in RFA 30/2005 and RFA 35/2005 and RFA 36/2005. Also heard Mr. H.K. Deka, the learned Senior Counsel assisted by Mr. M.H. Rajbarbhuiya, the learned Counsel appearing for the respondents No. 14 and 15. None appears on call for the other respondents.

2) By this appeal under Section 96 of the Civil Procedure Code (hereinafter referred to as ‘CPC’), while the appellants have preferred three appeals against the judgment and decree dated 07.10.2004, passed by the learned Civil Judge (Senior Division), Hailakandi, in TS No. 66/2000, the respondents No.14 and 15 have preferred a cross objection. By the said impugned judgment, the suit of the appellant was partly decreed.

3) As against that part of the reliefs which were not allowed in the suit, the predecessor of the appellant (i.e. plaintiff) had filed an appeal, which is numbered as RFA 30/2005. As against the conditional decree passed in counter-claim of defendant No.14, the predecessor of the appellants has filed another appeal, which is numbered as RFA 35/2005. As against the conditional