PASSANG LEPCHA Vs. SANEY TSHERING LEPCHA

JUDGEMENT

(1.) THIS Second Appeal arises out of the impugned judgment dated 01 -04 -2013 of the Learned District Judge, South and West Sikkim at Namchi in Title Appeal Case No. 1 of 2010 whereby Appeal filed by the Appellants against the judgment and decree dated 09 -07 - 2008 of Learned Civil Judge, South Sikkim at Namchi in Title Suit No.7 of 2007 was dismissed.

(2.) THE Appeal was admitted by this Court having found that ground C in the Memo of Appeal was a substantial question of law that required consideration. We may reproduce ground C hereunder: -

(3.) MR . N. Rai, Learned Senior Counsel, appearing on behalf of the Appellants, would argue that the impugned judgment is bad for the reason that the First Appellate Court after having heard the Appeal on merits ought to have decided the case in its entirety and not to have dismissed the Appeal on the technical ground of the Appellants having not placed on record a copy of the decree passed by the Trial Court. It is submitted that grave prejudice has been caused to the Appellants in not having been given an opportunity of filing a copy of the decree.