ANIL KALITA Vs. TOSESWAR SHRMAH

JUDGEMENT

(1.) Heard Mr. P.S. Deka, learned senior counsel, assisted by Mr. B. Bhagwati, learned counsel for the appellants and Mr. N. Choudhury, learned counsel for the respondents.

(2.) Assailing concurrent finding, the present appeal under Sec. 100 CPC is directed against the First Appellate Court's judgment and decree dtd. 12/11/2009 passed by the learned District Judge, Morigaon in T.A. 14/2009, by which the appeal was dismissed and the judgment and decree dtd. 31/3/2009, passed by the learned Munsiff No.1, Morigaon in T.S. 25/2007, by which the suit was decreed on contest, was affirmed. The appellants are the principal defendant nos. 1 and 2 in the suit.

(3.) It would be appropriate to mention that on death of the appellant no.1, he has been substituted by order dtd. 30/8/2017, passed in connected I.A.(C. 1724/2017. It may also be mentioned that the names of the respondent nos. 3 to 9, 11 and 16 have been struck off by order dtd. 19/2/2016. Therefore, only the principal respondent no.1 (plaintiff. and the proforma respondent nos. 2, 10 and 12 to 15 (proforma defendant nos. 2, 9, and 11 to 14. remain as respondents in this appeal.