Chitrangada Chakraverti vs On The Death Of Debojyoti Sengupta @ ...
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Gauhati High Court

Chitrangada Chakraverti vs On The Death Of Debojyoti Sengupta @ ... on 5 September, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                 Page No.# 1/3

GAHC010007142024




                                                          undefined

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

                         Case No. : CRP(IO)/25/2024

         CHITRANGADA CHAKRAVERTI
         WIFE OF SHRI SATYAJIT CHAKRAVERTI, RESIDENT OF F/401 SHARANAM-
         4, NEAR SEEMA PARTY PLOT, B/H, DEVAPRIYA BUNGLOWS,
         AHMEDABAD, GUJRAT THROUGH HER CONSTITUTED ATTORNEY SHRI
         SUVRAJYOTI SENGUPTA, SON OF LATE SAMBHU NATH SENGUPTA,
         RESIDENCE OF DANISH ROAD, PANBAZAR, GUWAHATI, KAMRUP
         (METRO), ASSAM, PIN- 781001



         VERSUS

         ON THE DEATH OF DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA HIS
         HEIRS AND LEGAL REPRESENTATIVES
         KAMRUP (METRO)

         1.1:SMT. SONALI SENGUPTA
         WIFE OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA
          RESIDENT OF GARIMA ROYALE
         TOP FLOOR
          OPPOSITE POLICE HOSPITAL
          DANISH ROAD
          PANBAZAR
          IN THE DISTRICT OF KAMRUP (METRO)
          GUWAHATI- 781001
         ASSAM

         1.2:RISHIRAJ SENGUPTA
          SON OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA
          RESIDENT OF GARIMA ROYALE
         TOP FLOOR
          OPPOSITE POLICE HOSPITAL
          DANISH ROAD
          PANBAZAR
                                                                        Page No.# 2/3

             IN THE DISTRICT OF KAMRUP (METRO)
             GUWAHATI- 781001
             ASSAM

            1.3:SRI DHIRITIRAJ SENGUPTA
             SON OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA
             RESIDENT OF GARIMA ROYALE
            TOP FLOOR
             OPPOSITE POLICE HOSPITAL
             DANISH ROAD
             PANBAZAR
             IN THE DISTRICT OF KAMRUP (METRO)
             GUWAHATI- 781001
            ASSA

Advocate for the Petitioner   : MR. A C SARMA, MR B DEORI,MR N BRAHMA,MR G
BHARADWAJ

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 05.09.2025

Heard the learned Senior Counsel, Mr. A.C.Sarma assisted by Mr. B. Deori, the learned counsel appearing for the petitioner.

2. None appears for the respondents.

3. This application has been filed under Article 227 of the Constitution of India challenging the order dated 22.12.2023 passed by the learned Additional District Judge No.1, Kamrup (Metro), Guwahati in Title Appeal No. 3/2016.

4. The learned Appellate Court heard the argument on 12.12.2023 and posted the case on 22.12.2023 for passing judgment. On 22.12.2023, the learned Appellate Court passed an order stating that further evidence of the PW 1 would be necessary to decide the appeal. Therefore, in exercise of the power Page No.# 3/3

conferred under Order XLI Rule 27 of the Code of Civil Procedure the appeal was posted on 20.01.2024 for recording the evidence of the plaintiff, who is the respondent No. 1 before the Appellate Court.

5. Mr. Sarma has submitted that the learned Appellate Court cannot arrived at such an opinion on its own. It is the liberty of the parties to file an application under Order XLI Rule 27 of the Code of Civil Procedure praying for adducing additional evidence.

6. I have considered the submissions made by the learned counsel of both sides. I have decided to agree with Mr. Sarma.

7. It is the parties before the learned Appellate Court, who can file application under Order XLI Rule 27 of the Code of Civil Procedure praying for adducing additional evidence of the witnesses. The learned Appellate Court is not empowered to arrive at such an opinion.

8. Therefore, the impugned order dated 22.12.2023 passed by the learned Additional District Judge No.1, Kamrup (Metro), Guwahati in Title Appeal No. 3/2016 stands set aside.

9. The learned Trial Court is directed to hear both the parties and thereafter the appeal shall be disposed of in accordance with the procedures as laid down by law.

With the aforesaid direction, this Civil Revision Petition stands disposed of.

JUDGE

Comparing Assistant