Page No.# 1/4 GAHC010094682025 2025:GAU-AS:7082 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/195/2025 MD ISMAIL HUSSAIN AND 3 ORS. SON OF NIYAMAT ALI, RESIDENT OF PUB MUKUNA ALI, MOUZA- ALI TANGONI, P.S- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124 2: MD ABDUL RAFIQUE SON OF LATE MANIRUDDIN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 782124 3: ABDUL SIDDIQUE @ ABDUL SADIK SON OF LATE MANIRUDDIN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 782124 4: MD ABDUL SATTAR SON OF LATE MANIRUDDIN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 78212 VERSUS MD SAMAR ALI AND 3 ORS. Page No.# 2/4 SON OF LATE HAZI ABDUL RAHMAN, RESIDENT OF PUB MUKUNDA ALI, MOUZA- ALI TANGONI, P.S- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124 2:MUSSTT KHATAB JAN DAUGHTER OF LATE HAZI ABDUL RAHMAN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 782124 3:MUSSTT SOLEMAN NESSA DAUGHTER OF LATE HAZI ABDUL RAHMAN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 782124 4:MUSSTT SALEHA KHATOON DAUGHTER OF LATE HAZI ABDUL RAHMAN RESIDENT OF PUB MUKUNDA ALI MOUZA- ALI TANGONI P.S- JURIA DISTRICT- NAGAON ASSAM PIN- 78212 For the Petitioner(s) : Mr. S.K. Ghosh, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 30.05.2025 Heard Mr. S.K. Ghosh, the learned counsel appearing on behalf of the petitioners. 2. The petitioners herein have invoked the supervisory jurisdiction Page No.# 3/4 of this Court assailing the order dated 25.03.2025 passed in Title Appeal No. 03/2014 whereby the learned Court of the Civil Judge (Senior Division) Nagaon, Assam (hereinafter referred to as, “the learned First Appellate Court”) had permitted the appellant to introduce the original Sale Deed No. 1564/79 dated 26.02.1979. 3. The learned counsel appearing on behalf of the petitioners submitted that the instant proceedings have been filed only on a limited scope to the effect that while permitting the original Sale Deed No. 1564/79 dated 26.02.1979, the petitioners who are the respondents in the appeal may be permitted to cross-examine on the veracity of the said Sale Deed. 4. This Court, having taken into account the limited scope on which the present proceedings have been filed and takes up the instant proceedings for disposal at this motion stage itself. 5. This Court, further taking into account that the order it proposes to pass, would not prejudice the respondents herein, for which, this Court do not find it essential to issue notice. 6. This Court has duly perused the order dated 25.03.2025 passed in Title Appeal No. 03/2014 by the learned First Appellate Court. The learned First Appellate Court, after perusal of the materials on record and finding that the Deed of Sale No. 1564/79 dated 26.02.1979 would be necessary for the purpose of passing a judgment in the Page No.# 4/4 appeal had permitted the said original Sale Deed No. 1564/79 dated 26.02.1979 to be adduced as additional evidence. 7. This Court, however, takes note of that if a document is to be tendered in evidence the same has to be done through a witness. Accordingly, this Court observes and directs that the learned First Appellate Court while permitting the original Sale Deed No. 1564/79 dated 26.02.1979 to be adduced as additional evidence in the appeal shall ensure that the said Deed is tendered through a witness. Upon the said document being tendered through a witness, the petitioners herein would be entitled to cross-examine the witness on the veracity of the said Sale Deed. 8. In addition to that, as per the liberty so granted, the petitioners herein who are the respondents in the appeal would also be entitled to adduce rebuttal evidence. 9. With the above observations and directions, the instant petition stands disposed of. 10. The Registry is directed to place a copy of the instant order before the learned First Appellate Court i.e. the learned Court of the Civil Judge (Senior Division) Nagaon, Assam by 06.06.2025. JUDGE Comparing Assistant