Page No.# 1/4 GAHC010211782026 2026:GAU-AS:14778 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/497/2026 PRASANTA KUMAR BORUAH SON OF LT. PADMADHAR BORUAH, RESIDENT OF KHELMATI, W/NO.14 (B) POLICE STATION- NORTH LAKHIMPUR DISTRICT- LAKHIMPUR, PIN- 787031 VERSUS SMT. CHANDRA LEKHA BHUYAN AND 10 ORS. WIFE OF SRI BUDHINDRA DEKA, RESIDENT OF RANGAPARA, WARD NO-2, SANKARDEV PATH, POLICE STATION- RANGAPARA, PIN-784505 2:SMT. ANJALI SAIKIA WIFE OF LATE BIJOY SAIKIA RESIDENT OF DURGASAROBAR KAMAKHYA GATE POLICE STATION- BHARALUMUKH PIN-781009 3:SMT. GITANJALI BHUYAN WIFE OF SRI HEMANTA KR. NEOG RESIDENT OF RAJDHANI APARTMENT GANESHGURI POLICE STATION- DISPUR PIN -781006 4:SMT. PUSPANJALI BHUYAN WIFE OF PRASANTA BARUAH RESIDENT OF KHELMATI W/NO.14 (B) POLICE STATION- NORTH LAKHIMPUR PIN-787001 Page No.# 2/4 5:SMT. RUPANJALI BHUYAN WIFE OF SRI ASHOK DUTTA. RESIDENT OF KHELMATI W/NO.14 (B) POLICE STATION- NORTH LAKHIMPUR PIN- 787001 6:SMT. JULI LAHAN BHUYAN WIFE OF LT. GAUTAM BHUYAN RESIDENT OF KHELMATI W/NO.14 (B) POLICE STATION- NORTH LAKHIMPUR PIN-787001 7:SMT. KHIRADA BHUYAN DAUGHTER OF LT HEM KT. BHUYAN RESIDENT OF VILLAGE- 87/81 GRANT MERBIL POLICE STATION- LALUK PIN- 784160 POST OFFICE- HARMOTI DISTRICT- LAKHIMPUR 8:SMT. RUNU BHUYAN DAUGHTER OF LT. HEM KT. BHUYAN RESIDENT OF VILLAGE- 87/81 GRANT MERBIL POLICE STATION- LALUK POST OFFICE- HARMOTI DISTRICT- LAKHIMPUR PIN-784160 9:SMT. DIPAMONI BHUYAN WIFE OF LT. PADMA BHUYAN RESIDENT OF VILLAGE- 87/81 GRANT MERBIL POLICE STATION- LALUK POST OFFICE- HARMOTI PIN- 784160 DISTRICT- LAKHIMPUR 10:SMT. NIJUMONI BHUYAN WIFE OF LT. DHANDEDHAR BHUYAN DAUGHTER OF LT. HEM KT. BHUYAN RESIDENT OF VILLAGE- 87/81 GRANT MERBIL POLICE STATION- LALUK PIN-784160 POST OFFICE- HARMOTI DISTRICT- LAKHIMPUR 11:CHANDAN JYOTI BHUYAN SON OF LT. CHANDRA KT. BHUYAN Page No.# 3/4 RESIDENT OF VILLAGE- 87/81 GRANT MERBIL POLICE STATION- LALUK POST OFFICE- HARMOTI PIN- 784160 DISTRICT- LAKHIMPU Advocate for the Petitioner : MR. P HAZARIKA, N GUPTA,C BORAH,MR. T R SARMA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.10.2026 Mr. T.R. Sarma, learned counsel is present for the petitioner, namely, Sri Prasanta Kumar Boruah, who has filed this petition under Section 115 of the Code of Civil Procedure, read with Article 227 of the Constitution of India, as the petitioner is aggrieved by the order dated 14.08.2026, passed by the learned District Judge, Lakhimpur, North Lakhimpur in connection with Title Suit (Probate) No. 01/2026. 2. It is submitted on behalf of the petitioner that the petitioner will be highly prejudiced if learned advocate, Nikunja Mohan Phukan and the Notary are not examined as witnesses in connection with the aforementioned case. 3. It is submitted that while mentioning the name of learned Advocate, Nikunja Mohan Phukan, there was an error and based on such minor error, the prayer to examine Nikunja Mohan Phukan was rejected. It is submitted that in the petition, the name of the advocate was typed as “Nikunja Phukan” instead of “Nikunja Mohan Phukan”. It is also submitted that the evidence of the Notary as a prosecution witness is necessary in the aforementioned case. It is further Page No.# 4/4 submitted that “Nikunja Mohan Phukan” and “Nikunja Phukan” is the same person. 4. I have considered the submissions on behalf of the petitioner. 5. It appears that in the interest of justice, the witnesses, Nagen Gogoi and Nikunja Mohan Phukan, may be allowed to be summoned and examined as witnesses in Title Suit (Probate) No. 01/2026. 6. In view of the foregoing discussions, the order dated 14.08.2026 is set aside and the petitioner is allowed to examine Advocate Nagen Gogoi and Advocate Nikunja Mohan Phukan as PWs in the aforementioned case. 7. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant