Page No.# 1/4 GAHC010128032026 2026:GAU-AS:11899 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/280/2026 GARJAN ALI AHMED AND 6 ORS. SON OF LATE ATOWAR RAHMAN, RESIDENT OF VILLAGE- GAREMARI (BANIAPARA), MOUZA- GHILAZARI, P.O.- GAREMARI, DISTRICT- BARPETA, ASSAM, PIN- 781314. 2: MD SAIJUDDIN SON OF LATE ATOWAR RAHMAN RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 3: AKLIMA KHATUN WIFE OF LATE SAHED ALI RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 4: ABDUL KASHEM SON OF LATE ABDUL KUDDUS RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 5: MD. MOGBUL HUSSAIN SON OF JIYAR UDDIN Page No.# 2/4 RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 6: SAYED MAHMUD RASHIDUZ ZAMAN SON OF SUKUR MAMUD RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 7: ABUL HUSSAIN SON OF LATE AZMAT ALI RESIDENT OF VILLAGE- GAREMARI (BANIAPARA) MOUZA- GHILAZARI P.O.- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314 VERSUS RAFIQUL ISLAM AND 2 ORS. SON OF LATE JONAB ALI, RESIDENT OF VILLAGE- GAREMARI (BANIAPARA), MOUZA- GHILAZARI, P.O.- GAREMARI, DISTRICT- BARPETA, ASSAM, PIN- 781314. 2:THE CIRCLE OFFICER BARPETA REVENUE CIRCLE DISTRICT- BARPETA ASSAM PIN-781301. 3:THE DISTRICT COMMISSIONER BARPETA DISTRICT- BARPETA ASSAM PIN-781301 Advocate for the Petitioner : MR. A.I. AHMED, MR P SAH,MS B DEVI Advocate for the Respondent : GA, ASSAM, R MANDAL(R1),MR. R GHOSH(R1),MR. C SHARMA(R1),S K PODDAR(R1) Page No.# 3/4 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.08.2026 Heard Mr. A.I. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. S.K. Poddar, the learned counsel and the learned G.A., Assam Mr. K.K. Bhattacharyya appearing for the respondents. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 16.12.2025 passed by the learned Civil Judge (Sr. Divn.), Barpeta, in Title Suit No.96/2024. 3. The petitioners are the plaintiffs before the court below. On 16.12.2025, the case was posted for filing evidence on affidavit by the plaintiffs’ side. On that day, the petitioners being the plaintiffs, filed an application seeking time to file evidence on affidavit of their witnesses. 4. Before that day, i.e. on 13.08.2025, the petitioners prayed for some time to file the list of witnesses. That application was rejected by the court. But the case was posted again for filing of evidence. 5. Since, the petitioners failed to file the list of their witnesses, on 16.12.2025, the trial court debarred the petitioners from filing their evidence and accordingly hearing of their evidence was closed and the case was posted on 27.02.2026 for filing evidence of the defendant side. Page No.# 4/4 6. I have considered the submissions made by the learned counsels of both sides. 7. Order 16 Rule 1 of the Code of Civil Procedure makes it mandatory for the parties in a suit to file the list of witnesses whom they propose to examine as witnesses. So, the petitioners must file the list of witnesses whom they propose to examine. 8. For the ends of justice, this Court has decided to provide one opportunity to the petitioners to file their list of witnesses and after that they shall produce those witnesses. Accordingly, the impugned order dated 16.12.2025 is set aside. The trial court shall provide one opportunity to the petitioners as well as the defendant to produce their list of witnesses and after that the trial court shall proceed further in accordance with the procedure as laid down by law. 9. With the aforesaid direction, the revision petition is disposed of. Interim order passed earlier stands vacated. JUDGE Comparing Assistant