Page No.# 1/3 GAHC010007142024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/25/2024 CHITRANGADA CHAKRAVERTI WIFE OF SHRI SATYAJIT CHAKRAVERTI, RESIDENT OF F/401 SHARANAM- 4, NEAR SEEMA PARTY PLOT, B/H, DEVAPRIYA BUNGLOWS, AHMEDABAD, GUJRAT THROUGH HER CONSTITUTED ATTORNEY SHRI SUVRAJYOTI SENGUPTA, SON OF LATE SAMBHU NATH SENGUPTA, RESIDENCE OF DANISH ROAD, PANBAZAR, GUWAHATI, KAMRUP (METRO), ASSAM, PIN- 781001 VERSUS ON THE DEATH OF DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA HIS HEIRS AND LEGAL REPRESENTATIVES KAMRUP (METRO) 1.1:SMT. SONALI SENGUPTA WIFE OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA RESIDENT OF GARIMA ROYALE TOP FLOOR OPPOSITE POLICE HOSPITAL DANISH ROAD PANBAZAR IN THE DISTRICT OF KAMRUP (METRO) GUWAHATI- 781001 ASSAM 1.2:RISHIRAJ SENGUPTA SON OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA RESIDENT OF GARIMA ROYALE TOP FLOOR OPPOSITE POLICE HOSPITAL DANISH ROAD PANBAZAR Page No.# 2/3 IN THE DISTRICT OF KAMRUP (METRO) GUWAHATI- 781001 ASSAM 1.3:SRI DHIRITIRAJ SENGUPTA SON OF LATE DEBOJYOTI SENGUPTA @ RANJAN SENGUPTA RESIDENT OF GARIMA ROYALE TOP FLOOR OPPOSITE POLICE HOSPITAL DANISH ROAD PANBAZAR IN THE DISTRICT OF KAMRUP (METRO) GUWAHATI- 781001 ASSA Advocate for the Petitioner : MR. A C SARMA, MR B DEORI,MR N BRAHMA,MR G BHARADWAJ Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.09.2025 Heard the learned Senior Counsel, Mr. A.C.Sarma assisted by Mr. B. Deori, the learned counsel appearing for the petitioner. 2. None appears for the respondents. 3. This application has been filed under Article 227 of the Constitution of India challenging the order dated 22.12.2023 passed by the learned Additional District Judge No.1, Kamrup (Metro), Guwahati in Title Appeal No. 3/2016. 4. The learned Appellate Court heard the argument on 12.12.2023 and posted the case on 22.12.2023 for passing judgment. On 22.12.2023, the learned Appellate Court passed an order stating that further evidence of the PW 1 would be necessary to decide the appeal. Therefore, in exercise of the power Page No.# 3/3 conferred under Order XLI Rule 27 of the Code of Civil Procedure the appeal was posted on 20.01.2024 for recording the evidence of the plaintiff, who is the respondent No. 1 before the Appellate Court. 5. Mr. Sarma has submitted that the learned Appellate Court cannot arrived at such an opinion on its own. It is the liberty of the parties to file an application under Order XLI Rule 27 of the Code of Civil Procedure praying for adducing additional evidence. 6. I have considered the submissions made by the learned counsel of both sides. I have decided to agree with Mr. Sarma. 7. It is the parties before the learned Appellate Court, who can file application under Order XLI Rule 27 of the Code of Civil Procedure praying for adducing additional evidence of the witnesses. The learned Appellate Court is not empowered to arrive at such an opinion. 8. Therefore, the impugned order dated 22.12.2023 passed by the learned Additional District Judge No.1, Kamrup (Metro), Guwahati in Title Appeal No. 3/2016 stands set aside. 9. The learned Trial Court is directed to hear both the parties and thereafter the appeal shall be disposed of in accordance with the procedures as laid down by law. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant