PARBATI DEVI Vs. MANOJ KALITA

JUDGEMENT

(1.) This is an Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for short 'the Code') challenging the judgment and decree dtd. 14/7/2010 passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati in Title Appeal No. 13/2009 thereby affirming the judgment and decree dtd. 15/12/2008 passed in Title Suit No.671/2006 by the learned Munsiff No. 1, Kamrup (M) at Guwahati.

(2.) This Court vide the order dtd. 7/1/2011 admitted the instant Appeal by formulating two substantial questions of law which reads as under:-

(3.) At the outset Mr. D. Mazumdar, the learned senior counsel appearing on behalf of the appellants submitted that the second substantial question of law does not arise in the instant Appeal taking into account that there was no Appeal filed against the dismissal of the counterclaim by the learned Trial Court, and as such, the dismissal of the counterclaim having attained finality, the second substantial question of law does not arise.