SHRI NALINI RANJAN BORMAN Vs. ON THE DEATH OF NADIA CHAND BORMAN HIS HEIRS, SMTI BASANA BALA & OTHERS

JUDGEMENT

(1.) (Oral) - This is an appeal from the decree passed by the District Judge, Silchar in T.A. No.11 of 1977 allowing the appeal from the decree passed by the Assistant District Judge (2) in T.S. No.65 of 1970.

(2.) Mr. N.M. Lahiri, the learned counsel for the appellant, has contended that the District Judge had no jurisdiction to hear and dispose of the appeal, or, in any event, the judgment and decree of the District Judge had been vitiated by biasness. The submission of Mr. Lahiri is that Shri Amit Sarkar had, when he was the Assistant District Judge, to deal with the suit as a trial Judge. Subsequently, he was appointed as the District Judge, Silchar and became the appellate authority. Therefore, Shri Sarkar could not hear the appeal as the appellate authority.

(3.) On perusal of the records of the suit, it appears that Shri Sarkar was dealing with the suit as the original Court for some time. He passed order directing repairing of the suit house. He also passed order appointing Commission for examination of the extent of repairs and survey of the suit house. Therefore, while he was dealing with the suit, Shri Sarkar passed judicial orders in the capacity as the original Court.