Page No.# 1/4 vs Md. Abdul Hussain And 4 Ors
2022 Latest Caselaw 2930 Gua

                                                         Page No.# 1/4

GAHC010007612014




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


                                I.A.(Civil)/223/2019

         MD. ABDUL REJAK AND ANR
         S/O- LATE KEMU MIA @ KERAMAT ALI
         R/O- VILL.- RANGALAU
         MOUZA- KATHIATALI
         P.O.- RANGALAU
         DIST.- NAGAON
         ASSAM
         PIN- 782427

         2: MD. MAFIZUDDIN
         S/O- LATE KEMU MIA @ KERAMAT ALI
         R/O- VILL.- RANGALAU
          MOUZA- KATHIATALI
          P.O.- RANGALAU
          DIST.- NAGAON
         ASSAM
          PIN- 782427
         VERSUS

         MD. ABDUL HUSSAIN AND 4 ORS.
         S/O- ANFAR ALI

         2:MD. ABU TALAB
         S/O- ANFAR ALI
          3:ON THE DEATH OF ABU BAKKAR
          HIS LEGAL HEIRS REPRESENTING
         VILL.- RANGALAU GAON
          P.O.- JUMARMUR
          P.S.- KAMPUR
          PIN- 782427
          DIST.- NAGAON
         ASSAM
          3.1:MUSSTT. NUR JAHAN
                                  Page No.# 2/4

W/O- LATE ABU BAKKAR
R/O- VILL.- RANGALAU GAON
P.O.- JUMARMUR
P.S.- KAMPUR
PIN- 782427
DIST.- NAGAON
ASSAM
3.2:MD. ABU TAHAR
S/O- LATE ABU BAKKAR
R/O- VILL.- RANGALAU GAON
P.O.- JUMARMUR
P.S.- KAMPUR
PIN- 782427
DIST.- NAGAON
ASSAM
3.3:MUSSTT. SALEMA KHATOON
W/O- ABDUL HUSSAIN
D/O- LATE ABU BAKKAR
R/O- VILL.- RANGALAU GAON
P.O.- JUMARMUR
P.S.- KAMPUR
PIN- 782427
DIST.- NAGAON
ASSAM
3.4:MUSSTT. SULEMA KHATOON
W/O- SIRAJUL ISLAM
D/O- LATE ABU BAKKAR
R/O- VILL.- RANGALAU GAON
P.O.- JUMARMUR
P.S.- KAMPUR
PIN- 782427
DIST.- NAGAON
ASSAM
3.5:MUSSTT. RABIA KHATOON
W/O- MOGBUL
R/O- VILL. AND P.O.- BAJIAGAON
P.S.- SAMAGURI
DIST.- NAGAON
ASSAM
PIN- 782140
3.6:GOLAPI KHATOON
W/O- KHAIRUL
R/O- VILL. - KATIMARI PATHAR
P.O.- HEURAPATI
P.S.- SADAR
DIST.- NAGAON
ASSAM
PIN- 782002
                                                                                                Page No.# 3/4

                3.7:MUSSTT. ASHMINA KHATOON
                W/O- NABI HUSSAIN
                D/O- LATE ABU BAKKAR
                R/O- VILL. - URIAGRANT
                TUBUKI
                P.O.- JUMARMUR
                P.S.- KAMPUR
                DIST.- NAGAON
                ASSAM
                PIN- 782427
                4:MD. SOFIRUDDIN
                S/O- LATE ADAM ALI
                5:MD. AMIRUDDIN
                S/O- LATE AIAS ALI
                BOTH ARE RESIDENTS OF VILL.- RANGALAU
                MOUZA- KATHIATALI
                P.S.- KAMPUR
                P.O.- RANALU
                DIST.- NAGAON
                ASSAM
                PIN- 782427
                ------------
                Advocate for : MR. A C SARMA
                Advocate for : MR. A R SIKDAR appearing for MD. ABDUL HUSSAIN AND 4 ORS.



                                        BEFORE
                       HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                   ORDER

11.08.2022

Heard Mr. A. C. Sarma, learned senior counsel, assisted by Mr. G. Bharadwaj, Advocate appearing for the applicant as well as Mr. A. R. Sikdar, learned counsel appearing for the opposite party.

This is an application under Order 41 Rule 27 of the Code of Civil Procedure praying for adducing additional evidence.

The opposite party has filed a written objection.

The case of the petitioner lies within a very short campus. He filed a suit on the basis of a registered Sale Deed No. 2112 dated 06.10.1982 in respect of 1 bigha 3 lechas of land which he claimed to have purchased from Rupa Gaongurha Mikir. The said sale deed could not be produced nor Page No.# 4/4

put in the trial court and that is why, he lost the suit. For the same reason, the appellate court was also upheld the judgment of the trial court.

Now, it has been submitted that the said sale deed could not be produced before the trial court because it was misplaced and at a later stage, it was found but because of ill advice of the lawyer no steps could be taken to that effect.

Mr. Sikdar has submitted that if the applicant is allowed to adduce additional evidence at this stage, it would amount to introduction of new facts and it is barred by law.

I have considered the submissions of the learned counsels for both the sides.

The applicant has a registered sale deed on the basis of which he prayed for a decree in respect of a purchase of a land. At the relevant time, the sale deed was misplaced and though it was discovered later on, it was not produced before the court because of wrong legal advice. This court is of the opinion that under the given circumstances of this case, if the prayer of the applicant is not allowed, it would cause miscarriage of justice. For this reason, the objection raised by the opposite party, is not found to be acceptable.

The prayer of the petitioner praying for adducing additional evidence is allowed. The appellate court of Civil Judge, Nagaon is directed to provide an opportunity to the applicant to adduce additional evidence in support of the Sale Deed No. 2112 dated 06.10.1982.

The LCR shall be returned to the Court of the Civil Judge, Nagaon and after recording of additional evidence, the LCR shall be again sent back to this court along with this additional evidence.

With the aforesaid direction, the IA (C) stands disposed of.

JUDGE

Comparing Assistant