Managing Director Assam State Transport Corporation v. Shri Gopal Chanda

O R D E R

20.06.2024

Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the appellant.

¶2This is an appeal under Order XLIII Rule 1 (u) of the Code of Civil Procedure, 1908 challenging the order dated 21.03.2017 whereby the Page No.# 2/2 learned First Appellate Court, i.e. the Court of the Civil Judge, No.3, Kamrup (M) at Guwahati had remanded the suit being Title Suit No.665/2006 back to the learned Munsiff No.1, Kamrup (M) at Guwahati by setting aside the judgment and decree dated 03.11.2009.

¶3This Court has duly taken note of the impugned order and finds no infirmity in the said order. Consequently, the instant appeal stands dismissed.

¶4Taking into account that both the parties are duly represented before this Court, they are directed to appear before the Court of the learned Munsiff No.1, Kamrup (M) at Guwahati on 26.07.2024. The Court of the learned Munsiff No.1, Kamrup (M) at Guwahati shall duly proceed with the suit in accordance with law.

¶5The Registry shall forthwith return the LCR to the learned Trial Court, i.e. the Court of the learned Munsiff No.1, Kamrup (M) at Guwahati so that on the next date so fixed by this Court, the said records are available before the Court below. In that regard, the Registry shall also employ the service of a Special Messenger.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010199392017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : SAO/4/2017 MANAGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION, PALTANBAZAR, GUWAHATI-1 VERSUS SHRI GOPAL CHANDA S/O LATE ABHAY CHANDA, R/O G.S. ROAD, ULUBARI, GUWAHATI-7, KAMRUP, ASSAM. For the appellant (s) : Mr. G. N. Sahewalla, Sr. Advocate Ms. S. Todi, Advocate For the respondent (s) : None appears BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH