Page No.# 1/3 GAHC010040962025 2025:GAU-AS:2517 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/68/2025 SRI SANDEEP AGARWALLA S/O LATE TULARAM AGARWALLA R/O 3E, ROYAL RESIDENRY,SAKIRA COMPOUND, CHRISTIAN BASTI, GUWAHATI-O5, DIST- KAMRUP(M), ASSAM VERSUS M/S RAMSHAI BHURAMAL R/O GAURISAGAR TINIALI, GAURISAGAR DIST-SIVASAGAR PIN-785664, ASSAM 2:M/S AGARWAL TRADING R/O GAURISAGAR TINIALI GAURISAGAR DIST-SIVASAGAR PIN-785664 ASSAM 3:SRI SANJAY AGARWALLA S/O LATE TULARAM AGARWALLA R/O GAURISAGAR TINIALI GAURISAGAR DIST-SIVASAGAR PIN-785664 ASSAM 4:SMTI SARITA DEVI RUDMALKA W/O LATE RAJESH RUDMALKA C/O BRIDHICHAND SITARAM PO AND PS SARUPATHAR DIST GOLAGHAT ASSAM 785601 5:SMTI ANITA DEVI GARODIA W/O SRI PAWAN GARODIA Page No.# 2/3 C/O MIDAI TOURS AND TRAVELS MAKUM ROAD TINSUKIA ASSAM 786125 6:SMTI BABITA KESAN W/O DR. BASANT KESAN RESIDENT OF BACKSIDE OF SOHUM SOPHEE R.K BORDOLOI PATH PO AND PS AND DIST DIBRUGARH ASSAM 78600 For the Petitioner(s) : Mr. S.J. Sarmah, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.03.2025 Heard Mr. S.J. Sarmah, the learned counsel appearing on behalf of the petitioner. 2. This is an application filed by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India challenging the order dated 03.06.2024 passed by the learned Civil Judge (Sr. Division), Sivasagar (hereinafter referred to as, “the learned Trial Court”) in Misc. (J) Case No. 13/2020 arising out of Title Suit No. 39/2018. 3. By the said order dated 03.06.2024, an application was filed being application under Order XI Rule 14 and Order XVI Rule 6 read with Section 151 of the Code of Civil Procedure, 1908 (for short, "the Code") was rejected. The ground for rejection given by the learned Trial Court is that the application is devoid of any particulars as to what documents, according to the petitioner herein, the defendant No. 3 was in possession. It was observed that the petitioner had also not given Page No.# 3/3 opportunity to pass order directing the defendant No. 3 to produce any specific document before this Court. 4. This Court though is exercising the jurisdiction under Article 227 of the Constitution, for which, there is no period of limitation prescribed. However, merely because there is no limitation prescribed, there cannot be a ground that any order passed by the learned Trial Court can be challenged at any point of time. 5. In the instant case, it is seen that this order dated 03.06.2024 was earlier challenged by filing a petition being CRP(IO)/535/2024 and when the matter was taken up on 12.02.2025, the petitioner sought to withdraw the said petition on the ground that there was some formal defects, for which, this Court granted the liberty to the petitioner to re- file the petition by removing those formal defects. 6. Subsequent thereto, on 25.02.2025, the instant application was filed. There is no reason whatsoever assigned as regards, why there is such a delay in preferring the instant application. On this ground of delay and laches, this Court is of the opinion that this is not a fit case for exercising the jurisdiction under Article 227 of the Constitution of India. 7. Apart from that, this Court has also perused the order dated 03.06.2024 and do not find any good ground for interference otherwise also. 8. In view of the above, the instant petition stands dismissed. JUDGE Comparing Assistant