Second appeal against dismissal of first appeal was filed against the dead original plaintiff instead of his substituted legal representatives. Holding the decree had attained finality and the appeal was not maintainable, the High Court dismissed it and vacated interim orders, without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010009032010
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/300/2010
RAMESH ROY and 2G ORS
VERSUS
RAGHUNATH GOWALA and 3 ORS
For the Petitioner(s) : Mr. F. K. R. Ahmed, Advocate
For the Respondent(s) : Mr. S. P. Choudhury, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 04.03.2024
Page No.# 2/2
Raghunath Goala by the judgment and decree dated 18.12.2006. Thereupon, the appellants herein being aggrieved have preferred an appeal before the Court of the Civil Judge, Hailakandi which was registered and numbered as Title Appeal No.5/2007.
JUDGE
Comparing Assistant
1 issue framed by the court
Is a second appeal maintainable when filed against a deceased respondent whose legal representatives had already been substituted in the first appeal?
Ramesh Roy and 2 Ors
Raghunath Goala and 3 Ors
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
