Hiranya Kumar Sarma and Anr v. On the Death of Sole Plaintiff, Ramesh Barman

O R D E R

29.05.2024

The instant petition has been filed under Article 227 of the Constitution challenging the order dated 18.03.2023 passed in Title Appeal No.31/2023 whereby the learned First Appellate Court, i.e. the Court of the Civil Judge, Nalbari had rejected the application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (for short, 'the Code') filed by the appellants for adducing the additional evidence.

¶2This Court taking into account the judgment of the Supreme Court in the case of Union of India vs. Ibrahim Uddin & Another, reported in

(2012) 8 SCC 148 is of the opinion that the said order is in conflict with the expressed stipulation contained in the said judgment wherein it has been categorically mentioned that the application under Order XLI Rule 27 of the Code has to be taken into consideration at the time of final hearing of the Appeal and to consider as to whether the said additional evidence would be required for passing the said judgment.

¶3Taking into account the above and in the facts of the case as the said application was disposed even prior to the final hearing of the Appeal, this Court interferes with the order dated 18.03.2023 passed by the learned First Appellate Court.

¶4This Court vide an order dated 21.04.2023 had stayed the further proceedings of Title Appeal No.3/2021. The said stay order stands vacated and the parties are directed to appear before the learned First Appellate Page No.# 4/4 Court, i.e. the Court of the Civil Judge, Nalbari on 19.06.2024. The learned First Appellate Court in view of the law laid down by the Supreme Court in the case of Ibrahim Uddin (supra) shall consider the said application at the time of final hearing of the Appeal and pass such order in terms with the stipulation contained in the said judgment.

¶5It is further observed that the learned First Appellate Court shall not be influenced by the order passed on 18.03.2023 which has been impugned in the instant proceedings as well as the order passed herein while deciding the application under Order XLI Rule 27 of the Code or the Appeal being Title Appeal No.3/2021.

¶6In view of the above, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010082612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/108/2023o HIRANYAoKUMARoSARMAoANDoANRo S/OoLATEoBALADEBoSARMA,oR/OoBIDYAPUR,oCOLLEGEoROAD,oNALBARIo TOWN,oWARDoNO.o3,oMOUZA-KHATA,oP.S.-NALBARI,oDIST-NALBARI,o ASSAM 2:oRIJUMONIoSARMA oW/OoSRIoHIRANYAoKUMARoSARMA oR/OoBIDYAPUR oCOLLEGEoROAD oNALBARIoTOWN oWARDoNO.o3 oMOUZA-KHATA oP.S.-NALBARI oDIST-NALBARI oASSAo VERSUSo ONoTHEoDEATHoOFoSOLEoPLAINTIFF,oRAMESHoBARMANo HISoLEGALoREPRESENTATIVES 1.1:SMTIoBHANUMATIoBARMAN oW/OoLATEoRAMESHoBARMAN oR/OoVILL-BARKURA oP.O.-BALIKARIA oMOUZA-BATAHGILA oP.S.-NALBARI oDIST-NALBARI oASSAM 1.2:KISHORoBARMAN oS/OoLATEoRAMESHoBARMAN oR/OoVILL-BARKURA oP.O.-BALIKARIA Page No.# 2/4 MOUZA-BATAHGILA P.S.-NALBARI DIST-NALBARI ASSAM 1.3:MANOJ KUMAR BARMAN S/O LATE RAMESH BARMAN R/O VILL-BARKURA P.O.-BALIKARIA MOUZA-BATAHGILA P.S.-NALBARI DIST-NALBARI ASSAM 1.4:TAPAN CH. BARMAN S/O LATE RAMESH BARMAN R/O VILL-BARKURA P.O.-BALIKARIA MOUZA-BATAHGILA P.S.-NALBARI DIST-NALBARI ASSAM 1.5:HITESH KR. BARMAN S/O LATE RAMESH BARMAN R/O VILL-BARKURA P.O.-BALIKARIA MOUZA-BATAHGILA P.S.-NALBARI DIST-NALBARI ASSAM 1.6:GITANJALI BARMAN D/O LATE RAMESH BARMAN R/O VILL-BARKURA P.O.-BALIKARIA MOUZA-BATAHGILA P.S.-NALBARI DIST-NALBARI ASSA For the appellant (s) : Mr. M. A. Sheikh, Advocate For the respondent (s) : Mr. J. Deka, Advocate Page No.# 3/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH