Page No.# 1/6 GAHC010195302024 2025:GAU-AS:2359 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/375/2024 BHABIRAM DAS S/O LT. GUJULA DAS R/O WEST JAMUNA ROAD, WARD NO. 2, P.S. AND DIST. SIVASAGAR, ASSAM VERSUS JUNAKI DAS AND 9 ORS D/O LATE GUJULA DAS W/O LATE RAJU SINGH R/O WEST JAMUNA ROAD, WARD NO. 2, P.S., P.O. AND DIST. SIVASAGAR, ASSAM 2:SMTI. MINA DAS D/O LATE GUJULA DAS W/O LATE GOBIN DAS R/O WEST JAMUNA ROAD WARD NO. 2 P.S. P.O. AND DIST. SIVASAGAR ASSAM 3:SRI MOINA DAS D/O LATE GUJULA DAS R/O WEST JAMUNA ROAD WARD NO. 2 P.S. P.O. AND DIST. SIVASAGAR ASSAM Page No.# 2/6 4:SMTI. KANCHI DAS D/O LATE GUJULA DAS W/O LATE UTTAM DAS R/O ROJABARI IN FRONT OF BUDDHA MANDIR P.O. ROJABARI P.S. JORHAT DIST. JORHAT ASSAM 5:SMTI. DHANESHWARI DAS D/O LATE GUJULA DAS R/O WEST JAMUNA ROAD WARD NO. 2 P.S. P.O AND DIST. SIVASAGAR ASSAM 6:SRI KHIROD DAS S/O LATE THANURAM DAS 7:SRI NOREN DAS S/O THANURAM DAS 8:SRI PARESH DAS S/O THANURAM DAS ALL (6 TO 8) ARE PROFORMA DEFENDANT R/O WEST JAMUNA ROAD WARD NO. 2 P.S. P.O. AND DIST. SIVASAGAR ASSAM 9:THE CIRCLE OFFICER SIVASAGAR R/O SIVASAGAR TOWN P.S. P.O. AND DIST. SIVASAGAR ASSAM 10:THE STATE OF ASSAM REPRESENTED BY THE PROFORMA DEFENDANT NO. 9 CIRCLE OFFICER Page No.# 3/6 SIVSAGAR For the petitioner (s) : Mr. M. A. Choudhury, Advocate For the respondent (s) : Mr. S. Sarmah, Advocate Mr. K. K. Bhattacharyya, Govt. Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 05.03.2025 Heard Mr. M. A. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. S. Sarma, the learned counsel appears on behalf of the respondent Nos.1 to 8 and Mr. K. K. Bhattacharyya, the learned counsel appears on behalf of the respondent Nos.9 & 10. 2. This is an application filed by invoking the supervisory jurisdiction under Article 227 of the Constitution challenging the order dated 12.07.2024 passed in Petition No.595/2024 in Title Suit No.32/2022 by the Court of the learned Civil Judge (Senior Division), Sivasagar whereby the application filed under Order XIII Rule 10 of the Code of Civil Procedure, 1908 for calling for the two documents was rejected. 3. This Court has duly perused the Petition No.595/2024 along with the plaint in Title Suit No.32/2022. From a perusal of the Page No.# 4/6 said petition, it is seen that the plaintiff had called for two documents, i.e. (i) affidavit dated 07.02.2018 from the Office of the Chairman, Sivasagar Municipal Board and (ii) case record of Case No.S.S.R.C. No.04/2020 from the Office of the Circle Officer, Sivasagar. 4. This Court has duly heard the learned counsels appearing on behalf of the petitioner as well as the respondents. This Court enquired with the learned counsel for the petitioner as to why the case record of Case No.S.S.R.C. No.04/2020 was required in as much as the reason for requirement is not clear from the Petition No.595/2024. Nothing could be said which in the opinion of this Court would constitute a good ground for the purpose of calling for the case record of Case No.S.S.R.C. No.04/2020 from the Office of the Circle Officer, Sivasagar. However, as regards the other document, i.e. the affidavit dated 07.02.2018, it has been duly submitted that the said affidavit was submitted by some of the defendants thereby permitting the petitioner/the plaintiff to carry out the construction and on the basis of which the Sivasagar Municipal Board had granted the permission. 5. This court further takes note of that the affidavit dated 07.02.2018 so submitted before the Office of the Chairman, Sivasagar Municipal Board cannot be a public document on the basis of which the plaintiff could obtain a certified copy. Page No.# 5/6 6. Consequently, it is the opinion of this Court that the learned Trial Court ought to have allowed the application being Petition No.595/2024 in so far as calling for the affidavit dated 07.02.2018 from the Office of the Chairman, Sivasagar Municipal Board, more so when it was specifically pleaded in the plaint that the said document is in possession of the Chairman of the Sivasagar Municipal Board. 7. Accordingly, this Court allows the Petition No.595/2024 only to the extent of calling for the affidavit dated 07.02.2018 from the Office of the Chairman of the Sivasagar Municipal Board. 8. In view of the above, the instant petition stands partly allowed thereby partly interfering with the impugned order dated 13.07.2024 passed in Title Suit No.32/2022 to the extent stated above. 9. It is further seen that this Court vide an order dated 25.09.2024 had stayed the further proceedings of Title Suit No.32/2022. The said stay order is vacated and the parties herein are directed to appear before the learned Trial Court on 01.04.2025. 10. The learning Trial Court shall upon a certified copy of the instant order being placed shall pass appropriate order in the suit for calling for the affidavit dated 07.02.2018 from the Office of Page No.# 6/6 the Chairman of the Sivasagar Municipality Board. 11. With the above observations and directions, the instant application stands disposed of. JUDGE Comparing Assistant