PADMINI MAHANTA Vs. NARAYAN CHOUDHURY

JUDGEMENT

(1.) Heard Mr. C.K. Sarma Baruah, learned counsel for the appellant and Mr. R.L. Yadav, learned counsel for the respondents.

(2.) This appeal has been filed against the judgment dated 9.6.97 passed by the learned District Judge, Tinsukia in Title Appeal No. 2 of 1996. By the impugned judgment the learned judge quashed the judgment and decree passed by the learned Assistant District Judge, Tinsukia in Title Suit No. 38 of 1990 and remanded the suit for retrial to the Trial Court. Hence the appeal.

(3.) Mr. Sarmah Baruah, learned counsel submits that both the grounds on which the appeal has been remanded are not tenable in law and as such the order of remand is liable to be quashed. He draws my attention to paragraph 6 of this judgment, which is quoted below :-