Page No.# 1/5 GAHC010089522024 2025:GAU-AS:7338 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/156/2024 SIKHAMONI BORUAH @ SANTA SIKHA BORUAH D/O LT. BROJEN BORUAH, R/O NAMTI CHARIALI, ABHAIPURIA GAON, P.O.- NAMTI CHARIALI, P.S.-NAMTI, DIST- SIVASAGAR, ASSAM, PIN NO. 785697 VERSUS MINOTI BORUAH AND 2 ORS W/O LATE BROJEN BARUAH, R/O NAMTIAL PATHAR, P.O.-NAMTIAL, P.S.- SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785697 2:HARBAJYOTI BORUAH S/O LATE BROJEN BARUAH R/O NAMTIAL PATHAR P.O.-NAMTIAL P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785697 3:SAPUN JYOTI BORUAH S/O LATE BROJEN BARUAH R/O NAMTIAL PATHAR P.O.-NAMTIAL P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM PIN-78569 For the Petitioner(s) : Mr. H.R. Ahmed, Advocate For the Respondent(s) : Mr. D.K. Bagchi, Advocate Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 04.06.2025 Heard Mr. H.R. Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. D.K. Bagchi, the learned counsel appears on behalf of the respondents. 2. The supervisory jurisdiction of this Court has been invoked to challenge the order dated 20.03.2024 passed by the learned Court of the Civil Judge (Senior Division), Sivasagar (hereinafter referred to as, “the learned Trial Court”) in Petition No. 1596/2023 dated 08.11.2023 in connection with T.S. Case No. 03/2021 whereby an application filed under Section 151 of the Code of Civil Procedure, 1908 (for short, “the Code”) for permitting the petitioner who is the plaintiff in the suit to adduce further evidence of witnesses, who were not the listed witnesses was disallowed. 3. This Court has duly taken note of that at the time when the suit was filed, the plaintiff was a minor. It is further seen that the plaintiff had adduced the evidence of some witnesses and on the date when the cross-examination of all the plaintiff Page No.# 3/5 witnesses were over, an application was filed under Section 151 of the Code for permitting the petitioner/ the plaintiff to adduce further evidence of witnesses who were not the listed witnesses. Although, the said petition was filed under Section 151 of the Code, but taking into account that there being an express provision which is Order XVI Rule 1 A of the Code, the said application be construed as an application under Order XVI Rule 1 A of the Code. 4. This Court enquired with the learned counsel appearing on behalf of the petitioner, as to whether, the witnesses named in the application would be filing their examination-in-chief on affidavit, without being specifically summoned to adduce evidence. 5. The learned counsel appearing on behalf of the petitioner submitted that the petitioner undertakes that the said witnesses would submit the examination-in-chief on affidavit on their own without the necessity of issuance of summons in terms with Order XVI Rule 1 of the Code. 6. This Court further takes note of that in the said application it has been duly mentioned that there was some inadvertence on the part of the petitioner as well as fault on the part of the Advocate, for which, the names of these witnesses were not Page No.# 4/5 mentioned at the time of furnishing the list of witnesses. It is also relevant to take note of that the petitioner, as on the date, on which, the said application was filed, was just 19 years. 7. Taking into account the above, this Court allows the said application thereby permitting the witnesses so mentioned in the said application to file the examination-in-chief on affidavit. 8. This Court further takes note of that vide an order dated 15.05.2024, the further proceedings of Title Suit No. 03/2021 pending before the learned Court of the Civil Judge (Senior Division), Sivasagar was stayed. The said stay order is vacated and the parties herein are directed to appear before the learned Trial Court i.e the learned Court of the Civil Judge (Senior Division), Sivasagar on 25.06.2025. It is observed that on the said date, the examination-in-chief on affidavit of the four witnesses, whose names have been mentioned in the application being Petition No. 1596/2023 dated 08.11.2023 have to be filed. Failure to file the examination-in-chief on affidavit of these witnesses on the next date so fixed would debar the petitioner to file the examination-in-chief on affidavit of these witnesses in future. 9. Further to that, the learned Trial Court is further directed to fix date for cross-examination and proceed with the disposal of Page No.# 5/5 the suit in accordance with law. 10. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant