AFTAB HUSSAIN MAZUMDER Vs. SAHAB UDDIN BARBHUIYA

JUDGEMENT

(1.) Heard Mr. N. H. Mazarbhuiyan, the learned counsel appearing on behalf of the appellants and Mr. M. J. Quadir, the learned counsel appearing on behalf of the respondents.

(2.) This is an appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for short 'the Code') challenging the order dtd. 10/8/2023 passed in Misc. (J) Case No.9/2023 arising out of Title Appeal No.02/2023 by the learned Court of the Additional District Judge, Hailakandi (hereinafter referred to as 'the First Appellate Court') whereby the application filed under Sec. 5 of the Limitation Act, 1963 read with Order XLI Rule 3A of the Code was rejected and thereby confirming the judgment and decree passed by the learned Trial Court dtd. 28/2/2020 in Title Suit No.4/2016.

(3.) It is taken note of that vide an order dtd. 31/8/2023, two substantial questions of law were formulated by the learned Coordinate Bench of this Court which are reproduced herein under: