PRABHABATI PAUL Vs. LATIBUN NESSA

JUDGEMENT

(1.) Heard Mr. A.R. Benerjee, learned Sr. counsel assisted by Miss B. Choudhury, learned counsel for the appellants and also heard Mr. P.C. Deka, learned Sr. Counsel assisted by Mr. R.L. Yadav and Mrs. K. Yadav, learned counsel for the respondents.

(2.) This Second Appeal has been brought from the Judgment and decree dated 18.12.97 passed by the learned Addl. District Judge, Cachar at Silchar in T. A. No. 5/93 reversing the judgment and order dated 20.3.93 passed by the learned Assistant District Judge No.2, Cachar at Silchar in T.S. No. 17/1977.

(3.) Though the Court by order dated 27.7.98 at the time of admission of the Second Appeal accepted the grounds Nos. A, D and E incorporated in the Memo of Appeal as substantial questions of law, this Court upon hearing the learned counsel for the parties, when the matter is taken up for final hearing proposes to formulate precisely the following substantial question of law:-