Page No.# 1/5 GAHC010168442016 2025:GAU-AS:2963 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/39/2016 LAXMIPAT JAIN DUGGAR S/O LT. SUMERMAL DUGGAR, R/O TULSIRAM ROAD, TINSUKIA TOWN, DIST- TINSUKIA, ASSAM VERSUS ON THE DEATH OF GAURI SHANKAR AGARWAL HIS LEGAL HEIRS NAMELY A. MADANLAL AGARWALA, S/O LT. GAURI SHANKAR AGARWAL, C/O M/S G.M. ENTERPRISE, GAURISHANKAR BUILDING, G.N.B. ROAD, TINSUKIA- 786125, TINSUKIA, ASSAM 2:B. PRAKASH CHANDER AGARWALA S/O LT. GAURI SHANKAR AGARWAL C/O M/S AGARWAL SAFE CO. GAURISHANKAR BUILDING G.N.B. ROAD TINSUKIA-786125 DIST- TINSUKIA ASSAM 3:SURENDRA KUMAAR AGARWAL S/O LT. GAURI SHANKAR AGARWAL C/O M/S MOHIT PLYWOOD STORE T-233 DESH BANDHU GUPTA ROAD PAHAR GANG DELHI-55 4:SHAKUNTALA DEVI AGARWAL W/O SRI MURLIDHAR AGARWAL R/O C-1 AVADHA APARTMENT Page No.# 2/5 VEJALPUR AHMENDABAD-51 GUJRAT 5:BIMALA DEVI KEJARIWAL W/O SRI RAJKUMAR KEJARIWAL C/O M/S MARUTI ELECTRICALS NO.2 RAILWAY GATE NEAR RAM MANDIR OPP. POLICE RESERVE A.T. ROAD GHY-1 DIST- KAMRUP METRO ASSAM 6:SUSILA DEVI BAJAJ W/O SRI SURESH BAJAJ R/O 4TH FLOOR BAJAJ BUILDING DEWAN PATTY FANCY BAZAR GHY-1 DIST- KAMRUP METRO ASSAM 7:SHILPA DEORAH W/O SRI SUNIL KUMAR DEORAH R/O FLAT NO.1 C and D TRANS ENCLAVE JONALI R.G. B. ROAD GHY-24 DIST- KAMRUP METRO ASSA For the petitioner (s) : Ms. N. T. Manpoong, Advocate For the respondent (s) : Mr. A. Kabra, Advocate Page No.# 3/5 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 19.03.2025 Heard Ms. N. T. Manpoong, the learned counsel appearing on behalf of the petitioner and Mr. A. Kabra, the learned counsel appearing on behalf of the respondent Nos.2 to 6. 2. The instant petition under Article 227 of the Constitution is filed challenging the order dated 07.12.2015 by which the learned First Appellate Court had prior to hearing the Appeal on merits disposed of the application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (for short, ‘the Code’). 3. For the purpose of adjudication of the instant proceedings, this Court finds it relevant to take note of the judgment of the Supreme Court in the case of Union of India vs. Ibrahim Uddin & Another, reported in (2012) 8 SCC 148, and more particularly, Paragraph Nos.49 to 54 wherein the Supreme Court categorically observed the stage of consideration of an application under Order XLI Rule 27 of the Code. It was categorically observed by the Supreme Court in Paragraph No.49 that an application under Order XLI Rule 27 of the Code is be considered at the time of hearing of the Appeal on merits so as to find out whether the Page No.# 4/5 document and/or the evidence sought to be adduced have any relevant bearing on the issues involved. 4. Taking into account the settled position of law, this Court without making any observation on the aspect as to whether the said additional evidence is required to be taken by the learned Appellate Court or not interferes with the order dated 07.12.2015 impugned in the instant proceedings only on the ground that the said application under Order XLI Rule 27 of the Code was taken up for disposal prior to hearing the Appeal on merits. 5. This Court further restores the application filed by the petitioner herein who is the appellant before the learned Appellate Court under Order XLI Rule 27 read with Section 151 of the Code to the file of the learned First Appellate Court. It is further observed that the learned First Appellate Court at the time of hearing of the Appeal on merits taking into consideration the observations made by the Supreme Court in Paragraph No.49 of the judgment in the case of Ibrahim Uddin (supra) shall consider the said application filed under Order XLI Rule 27 of the Code by the appellant. 6. Accordingly, the instant petition stands allowed. 7. It is made clear that the observations made in the instant order as well as the setting aside of the order dated 07.12.2015 Page No.# 5/5 by the learned Trial Court shall not influence the learned First Appellate Court while deciding the Appeal or the application under Order XLI Rule 27 of the Code. 8. As both the parties are duly represented, they are directed to appear before the learned First Appellate Court, i.e. the Court of the learned Civil Judge (Senior Division) at Tinsukia on 03.04.2025 for further proceedings of the Appeal being Title Appeal No.11/2010. JUDGE Comparing Assistant