Page No.# 1/5 GAHC010024882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/46/2025 NIKHIL DEBNATH AND 4 ORS. S/O LATE PRAN CHANDRA DEBANTH, R/O VILL- TEJPUR, GOLLAKHIL, P.S. AND DIST-KARIMGANJ 2: PINTU DEBNATH S/O LATE PRAN CHANDRA DEBANTH R/O VILL- TEJPUR GOLLAKHIL P.S. AND DIST-KARIMGANJ 3: RANTU DEBNATH S/O LATE PRAN CHANDRA DEBANTH R/O VILL- TEJPUR GOLLAKHIL P.S. AND DIST-KARIMGANJ 4: SMTI PRANATI DEBNATH W/O LATE PRAN CHANDRA DEBANTH R/O VILL- TEJPUR GOLLAKHIL P.S. AND DIST-KARIMGANJ 5: BABLI DEBNATH W/O SRI PINTU DEBANTH R/O VILL- TEJPUR GOLLAKHIL P.S. AND DIST-KARIMGAN VERSUS CHANCHAL NATH S/O LATE RAKESH CHANDRA NATH, R/O VILL- TEJPUR, GOLLAKHI, P.S. AND DIST-KARIMGANJ Page No.# 2/5 For the petitioner (s) : Ms. S. Todi, Advocate For the respondent (s) : Mr. P. Sarma, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 13.06.2025 Heard Ms. S. Todi, the learned counsel appearing on behalf of the petitioners and Mr. P. Sarma, the learned counsel who appears on behalf of the respondent. 2. The supervisory jurisdiction of this Court has been invoked challenging the order dated 07.01.2025 passed by the Court of the learned Civil Judge (Junior Division) No.3, Sribhumi (hereinafter referred to as ‘the learned Trial Court’) whereby the application filed for reissuance of summons upon the persons who were present while carrying out the survey was rejected. 3. The case of the petitioners herein, who are the defendants in the suit, is that they had filed an application initially for issuance of summons upon the Circle Officer, Sribhumi (then Karimganj) who had carried out the survey commission. It is relevant to take note of that for carrying out the survey commission, the Circle Officer, Page No.# 3/5 Sribhumi (then Karimganj) had deputed four persons namely Shri Abhijit Paul, Shri Sushil Deb, Shri Dilip Kumar Das and Shri Uttam Roy to conduct a survey commission. However, the Circle Officer, Sribhumi (then Karimganj) upon being summoned deputed one person namely Shri Pranajit Namasudra, a staff of the Office of the Circle Officer, Sribhumi (then Karimganj) to adduce evidence. It is under such circumstances, the petitioners filed application before the learned Trial Court for re-issuance of the summons upon the Circle Officer, Sribhumi (then Karimganj) to provide the Court witnesses. However, the said application was rejected, for which, the petitioners had approached this Court by filing a proceeding under Article 227 of the Constitution of India which was registered and numbered as CRP(IO)/124/2024. The learned Coordinate Bench of this Court upon taking into account the materials on record vide the order dated 08.04.2024 held that the order of the learned Court of the Civil Judge (Junior Division No. 3), Sribhumi (then Karimganj) (hereinafter referred to as, “the learned Trial Court”) dated 16.02.2024 in Title Suit No. 20/2015 was not in accordance with law and further directed to re-issue summons to the Circle Officer, Sribhumi (then Karimganj) asking either he himself or to produce one of the four persons mentioned in the said order dated 08.04.2024 to go to the Court to depose on behalf of the plaintiff as a Court witness. Page No.# 4/5 4. Subsequent thereto, fresh summons were issued by the learned Trial Court on 30.04.2024 and one Abhijit Paul who was one of the persons who was deputed by the Circle Officer, Sribhumi (then Karimganj) to conduct the survey commission appeared in the Court as the official witness. During his cross-examination, he categorically stated that he cannot say whether he was present in the survey conducted as per the order of the Circle Officer, Sribhumi (then Karimganj) vide Exhibit CX6. In view of the said statement, the petitioners herein filed another application for re- issuing of summons so that the Circle Officer, Sribhumi (then Karimganj) or a person who had actually carried out the survey commission can be called for his examination and cross- examination. This application was rejected vide the impugned order dated 07.01.2025. 5. This Court has duly perused the order passed by the learned Coordinate Bench of this Court dated 08.04.2024 in CRP(IO) No.124/2024 as well as the cross-examination of Shri Abhijit Paul and the impugned order dated 07.01.2025. 6. Taking into account that the said witness Shri Abhijit Paul has categorically stated that he cannot say as to whether he was present while carrying out the survey and further his signature having not appeared in the report of the Survey Commission, this Court is of the opinion that the learned Trial Court ought to have Page No.# 5/5 allowed the said application vide the petition being petition No.566/2021. The rejection of the said petition being petition No.566/2021 appears to be an error in the exercise of jurisdiction for which the said order dated 07.01.2025 is interfered with. 7. This Court further disposes of the instant proceedings thereby directing the learned Trial Court to issue summons upon the Circle Officer, Sribhumi to appear in person or send a witness who was present when the Survey Commission was conducted. 8. This Court further takes note of that vide the order dated 17.02.2025, the further proceedings of Title Suit No.20/2015 pending before the learned Trial Court was stayed. The said stay order stands vacated and the parties are directed to appear before the learned Trial Court on 21.07.2025 for further proceedings of the case. JUDGE Comparing Assistant