Smt. Kalpana Das vs Biswa Bijoy Das And 2 Ors on 7 May, 2026

Gauhati High Court

Smt. Kalpana Das vs Biswa Bijoy Das And 2 Ors on 7 May, 2026

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GAHC010059342026




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : RSA/34/2026

            SMT. KALPANA DAS
            W/O SHRI BHABANANDA GOGOI, D/O LATE RAMADHAR RAM DAS,
            GRAND DAUGHTER OF LATE DEVI PRASAD DAS, R/O TINKUNIA WARD,
            P.O., P.S. AND DISTRICT- DIBRUGARH, ASSAM



            VERSUS

            BISWA BIJOY DAS AND 2 ORS.
            SON OF LATE BHAGWATI PRASAD DAS, RESIDENT OF TINKUNIA WARD,
            P.O., P.S. AND DISTRICT- DIBRUGARH, ASSAM

            2:BISWA JYOTI DAS
             SON OF LATE BHAGWATI PRASAD DAS
             RESIDENT OF TINKUNIA WARD
             P.O.
             P.S. AND DISTRICT- DIBRUGARH
            ASSAM

            3:SMT ARPANA DAS
             DAUGHTER OF LATE BHAGWATI PRASAD DAS
             RESIDENT OF TINKUNIA WARD
             P.O.
             P.S. AND DISTRICT- DIBRUGARH
            ASSA

Advocate for the Petitioner   : MR. S P ROY, MR.T YADAV,JYOTISH DAS,MS. K G SHARMA

Advocate for the Respondent : ,
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                                     BEFORE
                     HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                           ORDER

07.05.2026

Heard Mr. S P Roy, learned counsel for the appellant.

SPONSORED

By way of this second appeal under Section 100 of the CPC read with Section 151
of the CPC, the appellant is assailing the judgment and decree dated 09.12.2025
passed by the learned Civil Judge (Senior Division), Dibrugarh in Title Appeal No.
32/2011, whereby the learned First Appellate Court was pleased to dismiss the appeal
of the appellant/plaintiff and upheld the judgment and decree dated 24.06.2011
passed by the learned Munsiff No. 1 erstwhile Civil Judge, (Jr. Division No. 1),
Dibrugarh in Title Suit No. 10 of 2008.

Issue Notice, returnable by 11.06.2026.

Appellant shall take steps for service of notice upon the respondent by Speed Post,
within three working days from today.

The appeal is admitted on the following questions of law-

(i) Whether the impugned judgment and decree dated 05.12.2025 passed in TA
No. 32/2011 is perverse, illegal and liable to be set aside?

(ii) Whether the Courts below committed a grave error of law in holding the suit
to be barred by limitation under Article 56 of the Limitation Act, 1963, without
appreciating that the correct Article applicable to a suit for declaration of
right, title and interest and for a declaration that revenue mutation entries
obtained through fraud, forgery and misrepresentation are void ab initio is
Article 58 of the Limitation Act?

(iii) Whether the Courts below erred in law in not applying Section 17 of the
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Limitation Act, 1963, when it was specifically pleaded and partially evidenced
that the mutation was obtained by concealment and fraud and that the
Limitation runs in rem?

(iv) Whether the Courts below committed a serious error of law in decreeing the
Counter-Claim of the Respondents without determining whether the Counter-

Claim was itself barred by limitation, particularly when the Respondents’ own
Written Statement cum Counter-Claim in Para 18 (xv) admits that Bhagwati
Prasad Das shifted his residence from the suit premises in 1990, which means
any suit/counter-claim for recovery of possession filed after 1992 would be
barred under Article 65 of the Limitation Act, 1963?

Call for the records of Title Suit No. 10 of 2008 and Title Appeal No. 32/2011.

List accordingly.

JUDGE

Comparing Assistant