GOBINDA BAISHYA Vs. JULEKHA BIBI

JUDGEMENT

(1.) Heard Mr. B. K. Bhagawati, the learned counsel appearing on behalf of the Appellants.

(2.) This is an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 challenging the order dtd. 11/6/2010 passed in Title Appeal No.6/2010 by the Court of the learned Civil Judge No.2, Kamrup (M) at Guwahati whereby the suit was remanded back to the learned Trial Court and was directed to decide the suit afresh by framing an additional issue as to whether the Appellants in the said appeal acquired any title over the suit land by virtue of the Sale Deed executed in their favour by Shri Phatik Chandra Lahkar.

(3.) For deciding as to whether the learned First Appellate Court had exercised the jurisdiction of remanding the suit inconformity with the provisions of Order XLI Rule 23A or whether the order dtd. 11/6/2010 is contrary to the provisions of Order XLI Rule 24 of the Code, this Court finds it relevant to take briefly the facts involved which led to the filing of the instant proceedings.