Page No.# 1/2 vs Bhagirath Saha
2025 Latest Caselaw 7057 Gua

Gauhati High Court

Page No.# 1/2 vs Bhagirath Saha on 5 September, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                            Page No.# 1/2

GAHC010199812025




                                                                     2025:GAU-AS:12061

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

                              Case No. : CRP(IO)/381/2025

           BANK OF INDIA
           A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES
           ACT, 1970, AND HAVING ITS HEAD OFFICE AT STAR HOUSE, C-5 ''G''
           BLOCK, MUMBAR-400051, MAHARASHTRA, INDIA AND CARRYING ON
           BUISNESS OF BANKING, INTER ALIA, AT A BRANCH AT BARPETA ROAD,
           DIST. BARPETA, ASSAM, REP. BY THE BRANCH MANAGHER OF BARPETA
           ROAD BRANCH
           VERSUS
           BHAGIRATH SAHA
           S/O. LT. NARAHARI SAHA, R/O. SHYAMAOALLY, WARD NO. 7, P/O. AND
           P/S. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN-781315.

Advocate for the Petitioner : MR. A K AZAD, MR M HUSSAIN,MR. S R BARBHUIYA,MR. N
HAQUE
Advocate for the Respondent : ,




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 05.09.2025

1. Heard Mr. N. Haque, learned counsel for the petitioner.

2. This application has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure challenging the Order dated 22.07.2025, passed by the learned Civil Judge (Senior Division), Barpeta in Misc (J) Case No.84/2025, arising out of Money Suit No.08/2019.

Page No.# 2/2

3. The plaintiff was to file the certificate under Section 65B of the Indian Evidence Act, 1872, which was not file in time and the case went to the stage of argument, the Trial Court refused to grant the prayer of the plaintiff.

4. Today, the learned counsel for the petitioner has relied upon a Judgment of the Hon'ble Supreme Court that was delivered in State of Karnataka Vs. T. Naseer alias Nasir alias Thandiantavida Naseer alias Umarhazi alias Hazi and Ors. Reported in 2023 SCC Online SC 1447 . The Hon'ble Supreme Court has laid down that the certificate under Section 65B of the Indian Evidence Act, 1872 can be filed in any stage, if the trial is not yet over.

5. Therefore, the impugned order is set aside.

6. The Trial Court is directed to admit the certificate under Section 65B of the Indian Evidence Act filed by the plaintiff after that, the Trial Court shall proceed to dispose of the suit in accordance with the procedure as laid down by law.

7. With the aforesaid direction, this Civil Revision Petition (IO) is disposed of.

JUDGE

Comparing Assistant