Sushmita Dutta and Anr v. Arup Kumar Sarma and Anr

ORDER

24.05.2024

This is an application under Article 227 of the Constitution challenging the order dated 06.07.2019 passed in LA Case No.11/2018, whereby the learned District Judge, Kamrup(M) Guwahati has rejected the application for calling of the original copy of the filled up NRC form submitted to the NRC Seva Kendra, Dispur by Dilip Sarma (since deceased).

¶2Mr. A Biswas, the learned counsel appearing on behalf of the petitioners submits that as the petitioners herein has assailed the will and in order to prove that the signature appearing in the said will is not the signature of the deceased Dilip Sarma, the petitioners have called for the original copy of the filled-up form of the NRC form submitted by Dilip Sarma. On the other hand, Mr. MK Sarma, the learned counsel appearing on behalf of the respondent No.1 submitted that a perusal of the application so filed would show that they wanted the original form only for the purpose of obtaining a certified copy and for that the question Page No.# 3/3 of calling for the said document does not arise.

¶3This Court upon hearing the parties, has enquired from Mr. MK Sarma, learned counsel appearing on behalf of respondent No.1 as to whether Late Dilip Sarma had any bank account. He submits that Late Dilip Sarma had Bank accounts in his name during his lifetime.

¶4Taking into account the above, this Court is of the opinion that no interference is required to the order dated 06.07.2019 passed in LA No.11/2018, inasmuch as, this Court finds no infirmity for exercising the jurisdiction under Article 227 of the Constitution.

¶5Accordingly, the instant petition, therefore, stands dismissed.

¶6The interim order passed on 18.09.2019 stands vacated and as the parties are duly represented, they are directed to appear before the Court of the learned District Judge, Kamrup(M) Guwahati on 19.06.2024.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010228862019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/310/2019o SUSHMITAoDUTTAoANDoANR.o W/OoLT.oJITUMONIo@oTUTUMONIoSARMA,oR/OoHOUSEoNO.o33,oC/OoMR.oK.R. MORE,o2NDoLINKoROAD,oNEARoLANE-4,oP.O.oLINKoROAD,oSILCHAR,o CACHAR,oASSAM,oPIN-788006 2:oMASTERoSABYASASHIoSARMAo(MINOR) oLT.oJITUMONIo@oTUTUMONIoSARMA oREP.oINoTHISoPETITIONoBYoHISoMOTHERoANDoNATURALoGUARDIANoSMTI. SUSHMITAoDUTTA oR/OoHOUSEoNO.o33 oC/OoMR.oK.R.oMORE o2NDoLINKoROAD oNEARoLANE-4 oP.O.oLINKoROAD oSILCHAR oCACHAR oASSAM oPIN-78800o VERSUSo ARUPoKUMARoSARMAoANDoANR.o S/OoLT.oDILIPoSARMA,oR/OoLAKHIMIoPATH,oHOUSEoNO.o3,oNEARoPRAGATIo APARTMENT,oBELTOLAoTINIAL,oP.O.oBELTOLA,oP.S.oHATIGAON,oDIST.o KAMRUPo(M),oASSAM,oPIN-781028 2:MITUoAHMEDo(SARMA) oS/OoLT.oDILIPoSARMA oPRESENTLYoRESIDINGoAToHOJAI oOPP.oSKYLARKoENGLISHoACADEMY oCOLLEGEoROAD oHOJAI oP.O.oANDoP.S.oHOJAI oDIST.oNAGAON Page No.# 2/3 ASSAM PIN-78243 Advocate for the petitioner(s): Mr. A Biswas Advocate for the respondent(s): Mr. MK Sarma B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH