GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:
1. Heard Ms. R. Choudhury, the learned counsel for the appellants.
2. This Regular Second Appeal under Section 100 read with Order 42 Rule 1 of the Code of Civil Procedure, 1908 has been filed by the appellant impugning the judgment and decree dated 29.08.2025 passed by the Court of the learned Civil Judge (Senior Division), Dhubri in Title Appeal 21/2024 whereby it upheld the judgment and decree dated 31.07.2024 passed by the Court of learned Civil Judge (Junior Division), Dhubri in Title Suit No. 137/2014.
3. After considering the submissions made by the learned counsel for the appellants and after going through the materials available on record, the following substantial question of law is formulated in this appeal:
a. Whether the judgment of the Trial Court as well as that of the First Appellate Court is perverse in as much as it ignored the fact that the Exhibit No. 3, i.e., the birth certificate of the proforma defendant has no evidentiary value being a provisional birth certificate.
4. Issue Notice to the respondents.
5. The petitioner shall take steps of issuance of notice upon the respondent by speed post within seven days from the date of this order, returnable after four weeks.
6. Since, Ms. D. D. Barman, the learned Additional Senior Government Advocate has appeared for the respondent Nos. 6, 7 and 8 no formal notice needs to be issued to the respondent Nos. 6, 7 and 8.
7. Let this matter be issued after four weeks.
Disclaimer: Curated by HT Syndication.
