Page No.# 1/5 GAHC010019112024 2025:GAU-AS:8184 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/51/2024 ON THE DEATH OF MD HASMAT ULLAH HIS LEGAL HEIRS JARINA KHATUN AND 10 ORS W/O LATE HASMAT ULLAH, RESIDENT OF TELIA CHAPARI, PO KAOIMARI, PS RUPAHIHAT, DIST NAGAON, ASSAM 782125 2: JAMINA KHATUN W/O LATE HASMAT ULLAH RESIDENT OF TELIA CHAPARI PO KAOIMARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 3: ASRAF ALI S/O LATE HASMAT ULLAH RESIDENT OF TELIA CHAPARI PO KAOIMARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 4: IDRIS ALI S/O LATE HASMAT ULLAH RESIDENT OF TELIA CHAPARI PO KAOIMARI PS RUPAHIHAT DIST NAGAON ASSAM 782125 5: MORIOM NESSA Page No.# 2/5 D/O LATE HASMAT ULLAH W/O SAMSUDDIN RESIDENT OF VILLAGE PHULOGURI PO PHULOGURI DIST NAGAON ASSAM 782103 6: LATIKA KHATUN D/O LATE HASMAT ULLAH RESIDENT OF VILLAGE PHULOGURI PO PHULOGURI DIST NAGAON ASSAM 782103 7: CHAKINA KHATUN D/O LATE HASMAT ULLAH W/O ABU BAKKAR RESIDENT OF VILLAGE PHULOGURI PO PHULOGURI DIST NAGAON ASSAM 782103 8: JAHURA KHATUN D/O HASMAT ULLAH W/O KADIR RESIDENT OF VILLAGE DABLONG (SAMBARI) PO SAMBARI DIST HOJAI ASSAM 782442 9: MOMENA KHATUN D/O HASMAT ULLAH W/O HABIBULLAH RESIDENT OF VILLAGE DOBOKA DIST HOJAI ASSAM 787055 10: SALEHA KHATUN D/O HASMAT ULLAH Page No.# 3/5 W/O HABIBULLAH RESIDENT OF VILLAE DUARBVANDH PO TELIACHAPARI DIST NAGAON ASSAM 782440 11: JARINA KHATUN D/O HASMAT ULLAH W/O ABDUL KADIR RESIDENT OF VILLAGE BATOMARI PO BATOMARI DIST NAGAON ASSAM 78212 VERSUS MANSUR ALI ALIAS MANSUR UDDIN S/O LATE HAJI MASRAF ALI, RESIDENT OF TELICHAPARI, PO TELICHAPARI, MOUZA KHATOWAL, DIST NAGAON, ASSAM 782125 For the Petitioner(s) : Mr. A.C. Sarma, Sr. Advocate Mr. G. Bharadwaj, Advocate For the Respondent(s) : Mr. F.U. Barbhuiya, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.06.2025 Heard Mr. A.C. Sarmah, the learned Senior Counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing on behalf of the petitioners. Mr. F.U. Barbhuiya, the learned counsel appears on behalf of the respondent. Page No.# 4/5 2. The petitioners herein have challenged the order dated 02.09.2023 passed in Petition No. 63/23 arising out of Title Suit No. 56/1993 whereby the learned Court of the Civil Judge (Junior Division) No. 2, Nagaon (hereinafter referred to as, “the learned Trial Court”) refused to grant permission to adduce secondary evidence of the Exchange Deed No. 580 dated 28.01.1966, on the ground that there was no foundation. 3. This Court has duly taken note of that the plea in respect to the Exchange Deed No. 580 dated 28.01.1966 was not taken in the written statement. It being a settled position of law that no evidence can be led beyond the pleadings and as such in the opinion of this Court, the learned Trial Court was justified in rejecting the application being Petition No. 63/23 filed under Section 65 of the Indian Evidence Act, 1872. Accordingly, this Court does not find any merit in the instant application, for which, the instant application stands dismissed. 4. Be that as it may, it is observed that it shall not be a bar on the part of the defendants who are the petitioners herein to take other appropriate course of law as available. 5. This Court further finds it relevant to take note of that vide an order dated 07.02.2024, the further proceedings of Title Suit No. 56/1993 pending before the learned Court of the Civil Judge Page No.# 5/5 (Junior Division) No. 2, Nagaon was stayed. The said stay order stands vacated and the parties are directed to appear before the learned Trial Court on 14.07.2025 for further proceedings of the said suit. 6. This Court further observes that taking into account that the suit is pending since the year 1993 and almost 3 decades have been passed by, the learned Trial Court shall make an endeavor to dispose of the suit at the earliest. JUDGE Comparing Assistant