Page No.# 1/6 vs Kusum Baruah And 13 Ors
2022 Latest Caselaw 4143 Gua

                                                                Page No.# 1/6

GAHC010149242022




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

                         Case No. : CRP(IO)/170/2022

         SMTI. PADMAWATI SAIKIA AND 2 ORS.
         W/O LATE PRAFULLA CHANDRA SAIKIA, R/O WARD NO. 2, NAKARI,
         NORTH LAKHIMPUR TOWN, MOUZA-NAKARI, P.S. AND SUB-DIVISION-
         NORTH LAKHIMPUR, DIST-LAKHIMPUR, ASSAM, PIN-787001

         2: PRAHLAD SAIKIA
          S/O LATE PRAFULLA CHANDRA SAIKIA
          R/O WARD NO. 2
          NAKARI
          NORTH LAKHIMPUR TOWN
          MOUZA-NAKARI
          P.S. AND SUB-DIVISION-NORTH LAKHIMPUR
          DIST-LAKHIMPUR
         ASSAM
          PIN-787001

         3: SMTI. AMAL PRAVA SAIKIA
         W/O SRI PRAHLAD SAIKIA
          R/O WARD NO. 2
          NAKARI
          NORTH LAKHIMPUR TOWN
          MOUZA-NAKARI
          P.S. AND SUB-DIVISION-NORTH LAKHIMPUR
          DIST-LAKHIMPUR
         ASSAM
          PIN-78700

         VERSUS

         KUSUM BARUAH AND 13 ORS.
         W/O LATE JITEN BARUAH, R/O VILL- NO. 2 SONAPUR, P.O.-SONAPUR,
         MOUZA- NOWBOICHA, P.S.-LALUK, SUB-DIVISION-NORTH LAKHIMPUR,
         DIST- LAKHIMPUR, ASSAM, PIN-784160
                                        Page No.# 2/6

2:BAIRAB BARUAH
 S/O LATE JITEN BARUAH
 R/O VILL- NO. 2 SONAPUR
 P.O.-SONAPUR
 MOUZA- NOWBOICHA
 P.S.-LALUK
 SUB-DIVISION-NORTH LAKHIMPUR
 DIST- LAKHIMPUR
ASSAM
 PIN-784160

3:MITHU BARUAH
 S/O LATE JITEN BARUAH
 R/O VILL- NO. 2 SONAPUR
 P.O.-SONAPUR
 MOUZA- NOWBOICHA
 P.S.-LALUK
 SUB-DIVISION-NORTH LAKHIMPUR
 DIST- LAKHIMPUR
ASSAM
 PIN-784160

4:NITUMONI HAZARIKA @ NOBIUL HUSSAIN
 S/O BIPUL HUSSAIN @ SOFIUL HUSSAIN
 R/O MOIDOMIA GAON
 MOUZA-NAKARI
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

5:SMTI RITA SAIKIA
W/O LATE BIPUL SAIKIA
 R/O NAKARI WARD NO. 2
 MOUZA-NAKARI
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

6:ARINDOM SAIKIA
 S/O LATE BIPUL SAIKIA
 R/O NAKARI WARD NO. 2
 MOUZA-NAKARI
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001
                                          Page No.# 3/6


7:ARIJIT SAIKIA
 S/O LATE BIPUL SAIKIA
 R/O NAKARI WARD NO. 2
 MOUZA-NAKARI
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

8:SMTI ATLANTA SAIKIA
 D/O LATE BIPUL SAIKIA
 R/O NAKARI WARD NO. 2
 MOUZA-NAKARI
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

9:PRODEEP SAIKIA
 S/O LATE PRAFULLA CHANDRA SAIKIA
 R/O WARD NO. 2
 NAKARI
 NORTH LAKHIMPUR
 /O MOUZA-NAKARI
 P.S. AND SUB-DIVISION-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787001

10:MOHENDRA MOHAN NEOG
 S/O LATE JOGEN NEOG
 R/O NO. 1 KHALIHAMARI
 MOUZA-NOWBOICHA
 P.S.-NORTH LAKHIMPUR
 DIST-LAKHIMPUR
ASSAM
 PIN-787023

11:GIRISH HAZARIKA
 S/O LATE DIMBESWAR HAZARIKA
 R/O KHALIHAMARI
 MOUZA- NOW BOICHA
 P.S.-NORTH LAKHIMPUR
 DIST- LAKHIMPUR
ASSAM
 PIN-787023
                                                                     Page No.# 4/6

             12:ACHYUT PAWE
              S/O SRI DANDIRAM PAWE
              R/O VILL-UJANI POHUMARA
              MOUZA-NOWBOICHA
              P.S.-NORTH LAKHIMPUR
              DIST-LAKHIMPUR
             ASSAM
              PIN-787023

             13:SMTI RUPA NEOG
              D/O LATE LILA KANTA NEOG
              R/O KHALIHAMARI
              MOUZA-NOWBOICHA
              P.S.-NORTH LAKHIMPUR
              DIST-LAKHIMPUR
             ASSAM
              PIN-787023

             14:HEMA PAYENG
              S/O SRI CHANDRA PAYENG
              R/O VILL-JORIGURI
              P.O. AND MOUZA-NOWBOICHA
              P.S.-NORTH LAKHIMPUR
              DIST-LAKHIMPUR
             ASSAM
              PIN-78702

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : G IMTIAZ (R-4)




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

27.10.2022

Heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. A. Sattar, learned counsel for the respondent No. 4.

2. The present Civil Revision Petition is filed assailing the order dated Page No.# 5/6

14.06.2022 passed by the learned Civil Judge, Lakhimpur, at North Lakhimpur in Title Suit No. 27/2016. By the said order, the learned Court below re-casted the earlier issues framed on 31.08.2017 and permitted the parties to lead additional evidence.

3. The order impugned was passed at a stage, when the arguments were concluded and the matter was fixed for delivery of judgment. The impugned order reflects that during the preparation of the judgment, the learned Court below came to a conclusion that issues should be re-casted. Accordingly said issues were re-casted.

4. The learned counsel for the petitioner, Mr. M. K. Choudhury, submits that he has no objection on re-casting such issues based on the evidence and materials available on record. However, by the impugned order, the learned Court below went further and has given a chance to the parties to lead evidence. This is the offending part of the order, which is challenged in the present petition.

5. Both the learned counsels for the contesting parties have submitted that they have no objection whatsoever regarding re-casting of the issues. However, there is no necessity of leading further evidence inasmuch as parties are not inclined to lead further evidence.

6. In view of that, this Civil Petition stands disposed of with a direction that the learned Court below shall proceed to pronounce the judgment on the basis of the evidence and materials available on record and on the basis of re-casted issues and without insisting on leading evidence.

In the aforesaid terms, this Civil Petition is disposed of.

Page No.# 6/6

JUDGE

Comparing Assistant