Page No.# 1/3 GAHC010211522026 2026:GAU-AS:14171 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/482/2026 MD. ALTAF HUSSAIN @ ALTAB HUSSAIN SON OF LATE RAFIK UDDIN @ ABDUL RAFIQUE, RESIDENT OF VILLAGE- GARBHITOR, P.O.- PANIBHARAL, PIN- 784176, P.S.- BISWANATH CHARIALI, DISTRICT- BISWANATH, ASSAM VERSUS MD. TAKBIR ALI AND 5 ORS. SON OF LATE VADIAYA JAMAL, RESIDENT OF VILLAGE- GARBHITOR, P.O.- PANIBHARAL, PIN- 784176, P.S.- BISWANATH CHARIALI, DISTRICT- BISWANATH, ASSAM 2:MD. MOINUDDIN S/O LATE MAMUD ALI RESIDENT OF VILLAGE- GARBHITOR P.O.- PANIBHARAL PIN- 784176 P.S.- BISWANATH CHARIALI DISTRICT- BISWANATH ASSAM 3:MD. SABU HAQUE S/O KETAB ALI RESIDENT OF VILLAGE- GARBHITOR P.O.- PANIBHARAL PIN- 784176 P.S.- BISWANATH CHARIALI DISTRICT- BISWANATH ASSAM 4:STATE OF ASSAM REPRESENTED BY THE DISTRICT COMMISSIONER Page No.# 2/3 SONITPUR TEZPUR ASSAM PIN- 784001 5:SUB- DIVISIONAL OFFICER (PRESENTLY D.C.) BISWANATH ASSAM PIN- 784176 6:SUPERINTENDENT OF POLICE BISWANATH ASSAM PIN- 78417 Advocate for the Petitioner : MR. A K GUPTA, MR. P BORDOLOI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.09.2026 1. Heard Mr. P. Bordoloi, learned counsel for the petitioner. 2. This is an application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure challenging the order dated 16.07.2026 passed by the learned Civil Judge (Sr. Division), Biswanath in Title Appeal No.02/2024. 3. The petitioner being the applicant before the Trial Court under the provision of Order XLI Rule 27 of the Code of Civil Procedure wanted to adduce additional evidence. However, the Trial Court rejected the said prayer. 4. It is a settled principle of law that the prayer under Order XLI Rule 27 of the Code of Civil Procedure should be considered at the time of final hearing of the Page No.# 3/3 appeal. But, the Trial Court did not do so. Therefore, the impugned order dated 16.07.2026 is bad in law and stands set aside. 5. The learned Appellate Court is directed to consider this prayer at the time of final hearing of the appeal. With the aforesaid direction, the civil revision petition stands disposed. JUDGE Comparing Assistant