Page No.# 1/4 GAHC010242732024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/485/2024 NIVA RANI SAIKIA AND 2 ORS W/O LATE JOGESWAR SAIKIA, R/O H.NO. 27, KALIPUR RIVER SIDE, CHAKRESWAR PATH, P.S.-JALUKBARI, P.O.-BHARALUMUKH, GUWAHATI- 781009 2: PARTHA SARATHI SAIKIA S/O LATE JOGESWAR SAIKIA R/O H.NO. 27 KALIPUR RIVER SIDE CHAKRESWAR PATH P.S.-JALUKBARI P.O.-BHARALUMUKH GUWAHATI-781009 3: DEBABRAT SAIKIA S/O LATE JOGESWAR SAIKIA R/O H.NO. 27 KALIPUR RIVER SIDE CHAKRESWAR PATH P.S.-JALUKBARI P.O.-BHARALUMUKH GUWAHATI-78100 VERSUS ANKUR BORA AND 2 ORS S/O SRI BIREN BORA, R/O MILIJULI PATH, DWARKANAGAR PATH, GUWAHATI-781006 2:AKASH GOGOI S/O SRI BIREN BORA R/O MILIJULI PATH DWARKANAGAR PATH GUWAHATI-781006 Page No.# 2/4 3:KAILYASH TUMUNG S/O LATE RABIN TUMUNG R/O H. NO. 4 WARD NO. 51 P.O.-HENGRABARI P.S.-DISPUR PIN-781036 KAMRUP (M) ASSA Advocate for the Petitioner : MR. M K SARMA, MR G DAS Advocate for the Respondent : MR. B RAMCHIARY (R-3), MS S K GUPTA(R-1,2),MR. D BARUAH (R-1,2),MS T RAMCHIARY(R-3) B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 12.02.2025 Heard Mr. M.K. Sarma, learned counsel for the petitioner along with Mr. D. Baruah, learned counsel for respondent Nos. 1 & 2 and Ms. T. Ramchiary, learned counsel for respondent No. 3. 2. The instant Civil Revision Petition is filed against the Order dated 15.07.2024 passed by the learned Civil Judge (Senior Division) No. 2, Kamrup (M), Guwahati who had dismissed the Petition No. 1312/2021 filed under Section 151 of the Civil Procedure Code. In the impugned order, the learned Trial Court had not granted the prayer for the signature of the defendant No. 3/respondent No. 3 made on the affidavit filed by the respondent No. 3 and his signature on Petition No. 3469/2024 to be compared with the signature of defendant No. 3 on the Sale Deed executed between the parties dated 28.11.2005 b the Forensic Laboratory, Kahilipara, Guwahati. Page No.# 3/4 The said Sale Deed dated 28.11.2005 at Guwahati is produced before the Court which is to be marked as ‘X’ and made a part of the file. 3. The learned counsel for the petitioner further submits that if the signatures are allowed to be compared in the Forensic Science Laboratory and duly verified whether they are the same signatures it would help in the adjudication of the case in Title Suit No. 231/2014. 4. Ms. T. Ramchiary, learned counsel for respondent No. 3, who is the defendant No. 3 in Title Suit No. 231/2014 has not raised any objection to have his signatures verified and have them sent for expert opinion from the Forensic Science Laboratory, Kahilipara, Guwahati for expert opinion. 5. Mr. D. Baruah, learned counsel for respondent Nos. 1 & 2 on the other hand, submits that since the petitioner has not shown hat respondent No. 3 and the vendor of the Sale Deed is one and the same as noted by the learned Trial Court, the sending of the signatures to the Forensic Science Laboratory is pre- mature at this stage. 6. Having considered the submissions made by the learned counsels for both the parties, this Court finds that the defendant No. 3/respondent No. 3 has not raised any objection to have his signature verified by getting an expert opinion from the Forensic Science Laboratory, Kahilipara, Guwahati, thus this Court finds it appropriate to allow the instant Civil Revision Petition by setting aside the impugned Order dated 15.07.2024 passed by the Civil Judge (Senior Division) No. 2, Kamrup (M), Guwahati and allow that steps may be taken for sending the signatures in Forensic Science Laboratory at Guwahati for expert opinion. Page No.# 4/4 7. Accordingly, CRP(IO) No. 485/2024 stands allowed and disposed of. JUDGE Comparing Assistant