Page No.# 1/4 GAHC010163942024 2025:GAU-AS:6439 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/307/2024 MUSSAMAT ALIMON NESSA @ ALEMAN NESSA AND 2 ORS W/O- LATE JAYNUDDIN, RESIDENT OF ISLAM GAON, P.O.- ISLAM GAON, MOUZA AND P.S.- LALUK, IN THE DISTRICT OF LAKHIMPUR, ASSAM. 2: MD. MIRAJ ALI S/O LATE URFAN ALI RESIDENT OF ISLAM GAON P.O.- ISLAM GAON MOUZA AND P.S.- LALUK IN THE DISTRICT OF LAKHIMPUR ASSAM. 3: MD. ALIMUDDIN S/O- LATE ASOR ALI RESIDENT OF ISLAM GAON P.O.- ISLAM GAON MOUZA AND P.S.- LALUK IN THE DISTRICT OF LAKHIMPUR ASSAM VERSUS MD. HUSSAIN ALI Page No.# 2/4 SON OF LATE JOBASK SHEIKH, R/O- NO. 1 ISLAMPUR, MOUZA AND P.S.- LALUK, DISTRICT- LAKHIMPUR, ASSAM. For the Petitioner(s) : Ms. B. Choudhury, Advocate For the Respondent(s) : Ms. P. Bhattacharjee, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 21.05.2025 Heard Ms. B. Choudhury, the learned counsel appearing on behalf of the petitioners. Ms. P. Bhattacharjee, the learned counsel appears on behalf of the respondent. 2. The supervisory jurisdiction of this Court has been invoked by challenging the order dated 25.07.2024 passed by the learned Court of the Munsiff No. 1, North Lakhimpur (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 03/2021 whereby the petition No. 860/2024 was rejected and petition No. 905/2024 was partly allowed. 3. The question therefore arises, as to whether, this Court is required to exercise its supervisory jurisdiction in respect to the impugned order dated 25.07.2024. Insofar as the petition No. 860/2024, it is seen that the said petition is an application filed under Order XXVI Rule 10A of the Code of Civil Procedure, 1908 (for short, “the Code”) seeking scientific examination of Exhibit “Ka”. The other application being petition No. Page No.# 3/4 905/2024 is an application filed under Order XIV Rule 5 read with Section 151 of the Code thereby requesting the learned Trial Court to frame 2 (two) additional issues. 4. It is seen that the learned Trial Court had rejected the petition No. 860/2024 on the ground that the question of sending the thumb impression for scientific examination does not arise inasmuch as the said Exhibit “Ka” is not admissible in law as it is a unregistered deed of sale for a consideration of Rs. 40,000/- and which is compulsorily registerable in terms with Sections 17(1) and 49 of the Indian Registration Act, 1908. This Court finds no ground to interfere with the said exercise of the jurisdiction by the learned Trial Court insofar as the petition No. 860/2024. 5. In respect to the petition No. 905/2024, the learned Trial Court framed an additional issue, as to whether, the suit was maintainable in its present form and manner. However, declined to frame the additional issue, as to whether, the plaintiff had handed over the possession to the defendant No. 4 after receiving money from the defendant No. 4. 6. This Court finds it very relevant to take note of that the suit is at the stage of argument when the application being petition No. 905/2024 was filed. Taking into account that the learned Trial Court had already framed 1 (one) additional issue and in its discretion did not find it necessary to frame the second additional issue, this Court would not like to exercise its supervisory jurisdiction insofar as the partly allowing of petition No. 905/2024. Accordingly, this Court finds no merit in the challenge to the order dated 25.07.2024, for which, the instant petition stands dismissed. Page No.# 4/4 7. The interim order passed on 23.09.2024 stands vacated and the parties herein who are duly represented are directed to appear before the learned Trial Court on 04.06.2025 for further proceedings of Title Suit No. 03/2021. 8. The Registry is directed to forthwith inform the learned Trial Court about this order. JUDGE Comparing Assistant