BINDU BASINI ROY Vs. KANAK BALA SARKAR WIDOW

JUDGEMENT

(1.) Heard Mr. D. Kalita, learned counsel representing the appellant as well as Mr. D.K. Das, learned counsel appearing for the respondents.

(2.) This is a common judgment for these two items. These are Regular Second Appeals under Sec. 100 of the Code Procedure Civil (CPC) whereby the judgment dtd. 28/5/2014 passed by the court of learned Civil Judge, Dhubri in Title Appeal No.34/2009, arising out of Title Suit No.157/2007 (Original T.S. 95 of 1997), is under challenge.

(3.) One of the substantial questions of law is as to whether the judgment and decree passed by the first appellate court is in consonance with the provisions of Order 41 Rule 31 of the Code Procedure Civil, 1908.