LAWS(TRIP)-2014-4-1

JIBU RANJAN CHOUDHURY Vs. TULSI RANI SAHA

Decided On April 23, 2014
Jibu Ranjan Choudhury Appellant
V/S
Tulsi Rani Saha Respondents

JUDGEMENT

(1.) THIS second appeal, under Section 100 of CPC, is directed against the judgment and decree, dated 05.05.2005, passed by learned District Judge, South Tripura, Udaipur in Title Appeal No. 08 of 2004, whereunder learned District Judge dismissed the first appeal filed by the appellants challenging judgment and decree, dated 30.03.2004, passed by learned Civil Judge, Sr. Division, South Tripura, Udaipur in case No. TS 29 of 2001.

(2.) THE second appeal has been admitted for hearing on the following substantial question of law: -

(3.) AT the outset, learned counsel Mr. Roy Barman has submitted that the appeal has been admitted before issuing any notice on the respondents and therefore, the respondents had no scope to place their submission in respect of admission of appeal on any substantial question of law and the substantial question of law which has been formulated cannot be accepted as a substantial question of law for deciding a second appeal.