Back
GAUHATI HIGH COURT
Kalyan Rai Surana, J
Varnali Deka – Appellant
Versus
Upakul Sarmah – Respondent
| Table of Content |
|---|
| 1. procedural dispute over failure to serve statutory notice. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. determination of whether acts were performed in official capacity. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. mandatory requirement of section 80 notice for official acts. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. setting aside order due to failure in statutory compliance. (Para 23 , 24 , 25) |
ORDER
Heard Mr. N. Deka, learned senior counsel, assisted by Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. S. Hoque, learned counsel appearing for the respondent/caveator.
2. By filing this application under Section 115 CPC, the petitioner, who is the defendant no.1 in T.S. No. 2/2025, has assailed the order dated 01.04.2026, passed by the learned Civil Judge (Senior Division), Nalbari, thereby dismissing Misc. (J) Case No. 53/2025, filed under Order VII Rule 11 read with Order VI Rule 16 of the CPC.
3. The learned senior counsel for the petitioner has submitted that at the relevant point of time, the petitioner/defendant no.1, who was the then District Commissioner, Nalbari district. At the said relevant time, the wife of the respondent/plaintiff w
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
