Page No.# 1/4 GAHC010123992025 2026:GAU-AS:1411 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/226/2025 SMTI. DYOTIKANA MEDHI AND 2 ORS W/O LATE BIROBHADRA MEDHI, R/O MEDHI NIWAS, SANTIPUR, P.S.- BHARALUMUKH, DIST- KAMRUP (M), GUWAHATI, ASSAM, PIN-781009 2: ANIRUDDHA MEDHI S/O LATE BIROBHADRA MEDHI R/O MEDHI NIWAS SANTIPUR P.S.- BHARALUMUKH DIST- KAMRUP (M) GUWAHATI ASSAM PIN-781009 3: DUSHMANTA MEDHI S/O LATE BIROBHADRA MEDHI R/O MEDHI NIWAS SANTIPUR P.S.- BHARALUMUKH DIST- KAMRUP (M) GUWAHATI ASSAM PIN-78100 VERSUS RAJESH MEDHI AND ANR S/O LATE RABIN MEDHI, R/O JAYA NAGAR, KHANAPARA, GUWAHATI- 781024, KAMRUP (M), ASSAM 2:KINGSHOOK CHOWDHURY S/O LATE AMITABH CHOWDHURY R/O LAKHIMPUR GOALPARA Page No.# 2/4 DIST- GOALPARA ASSAM-78312 Advocate for the Petitioner : MR. A DHAR, MD F FARIDI Advocate for the Respondent : MR. B D DEKA (R2), MR. M DAS (R2) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 04.02.2026. Heard Mr. A. Dhar, learned counsel for the petitioners. Also heard Mr. M. Das, learned counsel appearing for the opposite party Nos. 1 & 2. This petition under Article 227 of the Constitution of India read with Section 115 of the CPC is filed by the petitioners challenging the order dated 05.05.2025, passed by the learned Additional District Judge No. 2, Kamrup (M) at Guwahati in Petition No.1948/2022, arising out of Probate Title Suit No. 05/2018, filed by the defendant of that case. It is submitted by Mr. Dhar, the learned counsel for the petitioners that in the Probate Title Suit, the defendant No.8 Smti. Bornali Medhi was admittedly suffering from chronic schizophrenia and hypertension (unsound mind) and she was not capable of protecting her interest. Accordingly, one petition was filed by two applicants, namely, Sri Rajesh Medhi and Sri Kingshook Choudhury, to appoint them as guardian ad litem, for the defendant No.8 Smti. Bornali Medhi. The said petition filed by the present respondents/plaintiffs was not objected by Page No.# 3/4 the petitioner side and accordingly, the prayer was allowed by the learned Additional District Judge No. 2, Kamrup (M) at Guwahati. However, while passing the said order, in para 9 of the same, the prayer for appointment of guardian ad litem was allowed and considering Sri Rajesh Medhi to be the fit person to for appointment of guardian ad litem, the Court had accordingly passed the order. But in para 10 of the said order, it was ordered that the petitioners, namely, Sri Rajesh Medhi and Sri Kingshook Choudhury are substituted as the defendant Nos. 8(a) and 8(b) respectively, along with Smti. Bornali Medhi in place of deceased defendant No. 8, Bandana Medhi. Accordingly, it is submitted by Mr. Dhar, the learned counsel for the petitioners that the two petitioners who have applied for appointment as guardian ad litem, cannot be impleaded or substituted as party defendant to the said Probate Title Suit. Mr. Das, the learned counsel for the opposite party Nos. 1 & 2 also raised no objection and submitted that the names of Sri Rajesh Medhi and Sri Kingshook Choudhury may be deleted/strike off as the party defendants and they may be impleaded only as guardian ad litem, for Smti. Bornali Medhi. Considering the submissions made by learned counsel for both sides, I have also perused the case record including the order passed by the learned Additional District Judge No. 2, Kamrup (M) at Guwahati in Petition No.1948/2022, arising out of Probate Title Suit No. 05/2018 on 05.05.2025 is hereby altered/modified to the extent that Sri Rajesh Medhi may be appointed as guardian ad litem for Smti. Bornali Medhi, who is already impleaded as the Page No.# 4/4 legal heir for the deceased defendant No.8 Bandana Medhi. To that regard, the order dated 05.05.2025, passed by the learned Additional District Judge No. 2, Kamrup (M) at Guwahati in Petition No.1948/2022, arising out of Probate Title Suit No. 05/2018 is interfered with. This petition is accordingly allowed and disposed of. JUDGE Comparing Assistant