Decided on January 29,2018

Prova Banik Appellant
Mubejan Bibi Mazumdar Respondents


KALYAN RAI SURANA - (1.) Heard Mr. B. Banerjee, the learned Senior Counsel, assisted by Mr. S.K. Ghosh, the learned Counsel appearing for the appellant in RFA 30/2005 and RFA 35/2005 and RFA 36/2005. Also heard Mr. H.K. Deka, the learned Senior Counsel assisted by Mr. M.H. Rajbarbhuiya, the learned Counsel appearing for the respondents No. 14 and 15. None appears on call for the other respondents.
(2.) By the appeals under Section 96 of the Civil Procedure Code (hereinafter referred to as 'CPC'), while the appellants have preferred three appeals against the judgment and decree dated 07.10.2004, passed by the learned Civil Judge (Senior Division), Hailakandi, in TS No. 66/2000, the respondents No.14 and 15 have preferred a cross objection. By the said impugned judgment, the suit of the appellant was partly decreed.
(3.) As against that part of the reliefs which were not allowed in the suit, the predecessor of the appellant (i.e. plaintiff) had filed an appeal, which is numbered as RFA 30/2005. As against the conditional decree passed in counter-claim of defendant No.14, the predecessor of the appellants has filed another appeal, which is numbered as RFA 35/2005. As against the conditional decree passed in respect of counter-claim of respondent No. 15, the original appellant had filed another appeal, which was numbered as RFA 36/2005. The Respondents (defendants) No. 14 and 15 have also filed separately their joint cross-objection which has been numbered as C.O. No.7/2005.;

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