LILY BORAH Vs. ROBINDRA NATH SHARMA

JUDGEMENT

(1.) Heard Mr. A. Das, learned counsel for the appellant. Also heard Mr. S.S. Dey, learned Senior Counsel appearing for the respondent assisted by Ms. A. Bhattacharjee, learned counsel. This appeal is preferred by the plaintiffs, whose suit i.e. T.S. No.172/2006 was dismissed. For the sake of convenience, the parties are arrayed as plaintiffs and defendants as arrayed in the suit.

(2.) At the outset, Mr. Das, learned counsel for the appellants has submitted for consideration of this Court, the below Substantial Question of law, which he submits, would emerge on the perusal of the records. Those questions are:-

(3.) In order to substantiate his stand, Mr. Das, learned counsel for the appellants has projected that on an earlier occasion, he had filed Title Suit No. 42 of 2000 against Biman Goswami, S/o. Kalyan Goswami in the Court of Civil Judge (Senior Division), Nagaon. In the plaint of that suit, he projected that the suit was decreed ex-parte declaring the right, title interest and for appointment of a Survey Commission for partition as per the Preliminary decree passed in the said suit. He submitted that the judgment passed on 28.5.2004 in the said T.S. No. 42/2000 had attained finality as no appeal was preferred.