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Judgment
Arindam Lodh, J
Heard Mr. H. Deb, learned counsel appearing for the appellants.
This second appeal arises out of judgment and decree dated 20.01.2023, passed by learned District Judge, Unakoti District, Kailashahar in Title Appeal No.42 of 2019.
The appeal is admitted for hearing on the following substantial questions of law:
“a) Whether in absence of any pleading, the certified copy of a sale deed which is exhibited under subject to objection, may go into evidence?
b) Whether the certified copy of sale deed may be exhibited as public document and will go into evidence without complying the provision of Section 65 of Evidence Act?
c) Whether without production of primary evidence, the title of property can be declared on the basis of Secondary Evidence?
d) Whether the record of right i.e. khatian is the proof of title and on the basis of record of right i.e. Khatian, the title of anybody over suit land may be declared?
e) Whether the suit was instituted within the period of limitation, in consideration of the pleading of both the parties?”
Any other question of law shall be heard at the time of hearing.
Issue usual notice.
Notice is made returnable within 6(six) weeks.
The appellant shall take steps for causing service of notice upon the respondents by registered post with A/D within 7(seven) days.
Call for the LCRs.
I have gone through the records and the judgment passed by learned District Judge. In my opinion, the judgment and decree passed by learned District Judge should be stayed and accordingly, the operation of the judgment and decree dated 20.01.2023 is stayed till the disposal of the present second appeal.
List the matter on 20.06.2023.