Page No.# 1/5 vs Jadumani Dutta
2025 Latest Caselaw 5131 Gua

Gauhati High Court

Page No.# 1/5 vs Jadumani Dutta on 30 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/5

GAHC010264822023




                                                         2025:GAU-AS:7084

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

                       Case No. : CRP(IO)/388/2023

         ISHA KANTA BARUAH SINCE DECEASED REP BY HIS LEGAL HEIRS SMT.
         HEMLATA BARUAH AND 3 ORS
         W/O- LATE ISHA KANTA BARUAH, R/O- SOUTH AMOLAPATTY,
         MOHANAGHAT ROAD, MOHANAGHAT, P.O. DIBRUGARH, PIN- 786008,
         DIST. DIBRUGARH, ASSAM

         2: DEEPIKA BARUAH
          D/O- LATE ISHA KANTA BARUAH
          R/O- SRB LANE
          JORPUKHURI
          P.S. LATASIL
          GUWAHATI-781001
          DIST. KAMRUP(M)
         ASSAM

         3: PANKAJ BARUAH
          S/O- LATE ISHA KANTA BARUAH
          R/O- SOUTH AMOLAPATTY
          MOHANAGHAT ROAD
          MOHANAGHAT
          P.O. DIBRUGARH
          PIN- 786008
          DIST. DIBRUGARH
         ASSAM

         4: MEENAKSHI BARUAH
          D/O- LATE ISHA KANTA BARUAH
          R/O- SOUTH AMOLAPATTY
          MOHANAGHAT ROAD
          MOHANAGHAT
          P.O. DIBRUGARH
          PIN- 786008
          DIST. DIBRUGARH
         ASSA
                                                                   Page No.# 2/5


          VERSUS

          JADUMANI DUTTA
          S/O- LATE SOMESWAR DUTTA, R/O- SOUTH AMOLAPATTY, MOHANAGHAT
          ROAD, MOHANAGHAT, P.O. DIBRUGARH, PIN- 786008, DIST. DIBRUGARH,
          ASSAM




Advocate for the Petitioners   : Ms. A. Bhattacharyya, Advocate

Advocate for the Respondent : None appears

                                 BEFORE
           HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                       Date of Hearing        : 30.05.2025

                       Date of Judgment       : 30.05.2025
                   JUDGMENT AND ORDER (ORAL)

Heard Ms. A. Bhattacharyya, the learned counsel appearing on behalf of the petitioners. None appears on behalf of the respondent inspite of notice being served.

2. The petitioners herein have assailed the order dated 04.10.2023 passed in Title Suit No.235/2015 by the Court of the learned Civil Judge (Junior Division) No.2, Dibrugarh (hereinafter referred to as 'the learned Trial Court') whereby the learned Trial Court had framed two additional issues vide the impugned order and further permitted the defendant who was the counter claimant to adduce additional evidence.

3. This Court has duly taken note of that prior to the framing Page No.# 3/5

of the additional issues vide the order dated 04.10.2023, the suit was at the stage of arguments and both the plaintiff as well as the defendant had already adduced evidence.

4. This Court further has perused the provisions of Order XV Rule 5 of the Code of the Civil Procedure, 1908 which permits the Court to frame any issue prior to the passing of the decree. Therefore, as regards framing of additional issues vide the impugned order dated 04.10.2023 requires no interference. However, this Court finds no justification in the order dated 04.10.2023 as to why the counter claimant was allowed to adduce additional evidence taking into account that both the plaintiff as well as defendant were very much aware about their case at the time of adducing the evidence.

5. Considering the above, this Court is not interfering with the order dated 04.10.2023 by which the additional issues were framed and directs the learned Trial Court to examine as to whether any additional evidence is required in the said suit to be adduced taking into account that both the plaintiff and the defendant were very much aware upon filing of the suit as well as the counterclaim as to what was the dispute involved. More so, taking into account the petition so filed by the defendant dated 06.06.2023 nowhere mentions as to why additional evidence was required to be adduced.

Page No.# 4/5

6. Taking into account the above, the instant petition stands disposed of with the following observations and directions:-

(i) This Court is not interfering with the order dated 04.10.2023 passed in Title Suit No.235/2015 in so far as framing additional Issue No.6 and 7.

(ii) This Court however interferes with the order dated 04.10.2023 in so far as permitting the counter claimant to adduce additional evidence without assigning any reasons and that too when nothing has been mentioned in the petition filed by the counter claimant as to why additional evidence is required. Under such circumstances, this Court therefore directs the learned Trial Court to examine that on the basis of the evidence already there on record whether any additional evidence is required.

(iii) It is further observed that if in the circumstances any additional evidence is allowed to be adduced to the counter claimant, the plaintiffs would have rights to adduce rebuttal evidence for which due opportunity has also to be afforded to the plaintiffs.

(iv) This Court further takes note of that vide the order dated 06.12.2023, the further proceedings of Title Suit No.235/2015 pending before the learned Trial Court was Page No.# 5/5

stayed. The said stay order stands vacated and the parties herein are directed to appear before the learned Trial Court on 02.07.2025 for further proceedings of the suit. On that date, the petitioner who is the plaintiff in the suit shall produce a certified copy of this order and the learned Trial Court shall proceed with the disposal of the suit in terms with the observations and the manner directed herein above.

(v) It is also taken note of that the respondent has not appeared in the present proceedings inspite of notice being served. Under such circumstances, the learned Trial Court shall also issue notice about the date so fixed and accordingly proceed with the suit.

JUDGE

Comparing Assistant