Page No.# 1/2 GAHC010003422016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/200/2018 UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER, N.F. RAILWAYS, MALIGAON, GUWAHATI-11 VERSUS BALWANT RAI S/O LATE RAJ KISHORE RAI, UDAYCHAL PATH, CHRISTIAN BASTI, G.S. ROAD, DISPUR, GUWAHATI, ASSAM. Advocate for the Petitioner : MR.D K DEY, MS.U NANDA,MR.A M MAZUMDAR,MS.M BORA Advocate for the Respondent : MR Z MUKIT, ,,PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 21.04.2026 Heard Mr. D.K. Dey, learned counsel for the appellant and also heard Mr. A. Sattar, learned counsel for the respondent. 2. After hearing learned counsel for the appellant at length, it has been noticed that while disposing of the appeal, the learned First Appellate Court has neither formulated Page No.# 2/2 any point for determination nor assigned any reason for such decision and also not directed any discussion to all the issues, which were framed by the learned Trial Court during trial. It also appears that vide order dated 20.08.2018, while admitting this appeal, three substantial questions of law have been framed and the 3rd substantial question of law is – Whether the impugned judgment and decree passed by the lower appellate Court contravenes the mandate of Order XLI Rule 31 of the CPC? 3. Accordingly, taking note of the submission of the learned counsel for both the parties and also going through the impugned judgment and decree passed by the learned First Appellate Court, this Court is of the view that this is a fit case to set aside the impugned judgment and decree passed by the learned First Appellate Court and to remand the matter to the learned First Appellate Court to formulate point for determination and thereafter, to discuss the same and to record a finding with reasons, and to pronounce a fresh judgment. 4. In the result, as agreed upon, and in view of the provision of Order XLI Rule 25 CPC, the impugned judgment and decree dated 30.04.2015 passed by the learned First Appellate Court stands set aside and quashed. The matter stands remanded to the learned First Appellate Court with a direction to formulate point for determination and thereafter, to hear both the parties and to pass a fresh judgment giving a finding upon the point for determination, with reasons. 5. Registry shall return the record of the learned First Appellate Court. The parties are directed to appear before the learned First Appellate Court i.e. the Court of learned Additional District & Sessions Judge No.1, Kamrup(M), Guwahati, on 03.06.2026. Comparing Assistant Sd/- Robin Phukan JUDGE