NYAMI RIBA Vs. DOI RIBA

JUDGEMENT

(1.) HEARD Mr. R. Saikia, learned counsel for the petitioner and also heard Mr. K. Ete. Learned counsel appearing for sole respondent.

(2.) THIS application has been made under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945, read with Section 115 of Code of Civil Procedure, 1908, and Article 227 of the Constitution of India for quashing the order dated 21. 08. 2008 passed by the Court of Fast Track Court (FTC), Basar, in BSR/ca-66/07.

(3.) THE brief facts of the case are that the petitioner purchased a plot of land and a stream called 'burre' from one Sri Tamen Tacha who has migrated to Dekapam from Disi village in the year 1967 and when the respondent claimed to be owner of the same, the petitioner filed a complaint against the respondent and accordingly, a Keba was conducted on 06. 02. 2007 wherein, the Keba members after hearing all the witnesses, decided the matter in favour of the petitioner. The respondent, being aggrieved by the Keba decision dated 06. 02. 2007 preferred an appeal before the Addl. Deputy Commissioner, Basar and the same was transferred to Fast Track Court, Basar, for disposal. The same was registered as Case No. BSR/ca-66/07. The learned FTC without complying with the procedure under Section 38 (1) read with Section 46 (3) of the Assam Frontier (Administration of Justice) Regulation, 1945, (hereinafter referred to as Regulation only), took-up the appeal de novo and passed the impugned order dated 21. 08. 2008 for listing the matter on 16. 09. 2008 for plaintiff's evidence.