Page No.# 1/4 GAHC010254352024 2025:GAU-AS:6711 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/492/2024 MD. ALI IMAM S/O- LATE MULTAN AHMED, R/O- VILLAGE- KHANAJAN, MOUZA- NOWBOICHA, P.O- KHANAJAN, P.S- NORTH LAKHIMPUR, PIN-787031, DIST- NORTH LAKHIMPUR, VERSUS MD. HASEN ALI @ ABU HASEN FARUKI AND ANR S/O- LATE HAJI ABU TAHER , R/O- BIHPURIA TOWN, MOUZA- BIHPURIA, WARD NO-2, P.O AND P.S- BIHPURIA, PIN-784161, DIST- NORTH LAKHIMPUR, 2:MAMONI KALITA W/O- MD. HASEN ALI @ ABU HASEN FARUKI R/O- BIHPURIA TOWN MOUZA- BIHPURIA WARD NO-2 P.O AND P.S- BIHPURIA PIN-784161 DIST- NORTH LAKHIMPU Page No.# 2/4 For the Petitioner(s) : Mr. S.P. Roy, Advocate For the Respondent(s) : Mr. W. Hoque, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 23.05.2025 Heard Mr. S.P. Roy, the learned counsel appearing on behalf of the petitioner. Mr. W. Hoque, the learned counsel appears on behalf of the respondents. 2. This is an application filed under Article 227 of the Constitution of India challenging the order dated 18.11.2024 passed by the learned Court of the Civil Judge (Senior Division), Lakhimpur, North Lakhimpur (hereinafter referred to as, "the learned First Appellate Court") by which the application filed under Order XLI Rule 27 read with Section 151 being petition No. 1408/2024 arising out of Title Appeal No. 09/2024 was rejected. 3. Mr. S.P. Roy, the learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to the judgment of Supreme Court in the Case of Union of India Vs. Ibrahim Uddin & Another reported in (2012) 8 SCC 148 and referred to Paragraph Nos. 51 and 52 of the said judgment and submitted that the learned First Appellate Court had decided the application under Order XLI Rule 27 read with Section 151 of the Code at a stage before taking up the appeal for final disposal. 4. This Court has also further taken note of the impugned order dated Page No.# 3/4 18.11.2024 wherein it is seen that the learned First Appellate Court had decided the application under Order XLI Rule 27 read with Section 151 of the Code prior to deciding the appeal. 5. This Court duly takes note of Paragraph Nos. 49, 50, 51 and 52 of the judgment of the Supreme Court in the case of Ibrahim Uddin (supra) wherein the Supreme Court makes it very clear that an application for taking additional evidence on record at an appellate stage even if filed during the pendency of the appeal is to be heard at the time of final hearing of the appeal, at the stage when after appreciating of the evidence on record, the Court reaches the conclusion that the additional evidence is required to be taken on record in order to pronounce the judgment or for any other substantial cause. 6. Taking into account the above, this Court therefore restores the application filed being petition No. 1408/2024 to the file of the learned First Appellate Court i.e. the learned Court of the Civil Judge (Senior Division), Lakhimpur, North Lakhimpur and further directs that the said application being petition No. 1408/2024 be considered in terms with Paragraph No. 52 of the judgment of the Supreme Court in the case of Ibrahim Uddin (supra). 7. This Court further observes and directs that while deciding the said appeal along with the application under Order XLI Rule 27 read with Section 151 of the Code, the learned First Appellate Court shall decide so without being influenced by the order dated 18.11.2024. 8. Further to that, this Court vacates the interim order dated 29.11.2024 by which the further proceedings of Title Appeal No. 09/2024 Page No.# 4/4 was stayed and directs both the parties herein to appear before the learned First Appellate Court on 23.06.2025 for further proceedings of the appeal. 9. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant