PAUL BARGAON Vs. NIHILAL DAIMARI AND OTHERS

JUDGEMENT

(1.) This appeal arises from the judgment and decree of the Assistant District Judge Tezpur in TA No. 11 of 1977 reversing the judgment and decree passed by the Munsiff Mangaldoi in T.S. No 31 of 1972.

(2.) The plaintiff Paul Bargaon instituted TS No 21 of 1972 against five (5) main defendants and two (2) pro forma defendants claiming for declaration of the title to suit land and khas possession of the same on the footing that the plaintiff purchased the suit land from the pro form a defendant 6 Kandura Daimari. The learned Munsiff decreed the suit. On appeal the Assistant District Judge set aside the decree and dismissed the suit. Hence this appeal to this Court by the plaintiff.

(3.) Mr. P.N Goswami, the learned counsel for the appellant, has submitted that in the lower Appellate Court the proforma defendant - 6 was not made a party and, therefore, the findings of the trial Court that the pro forma defendant-6 had his right, title and interest in the suit land could not be reversed by the lower appellate Court without making the pro forma defendant-6 as a party respondent in that appeal as was constituted.