Gauhati High Court
CRP(IO)/469/2026 of RANJIT BARMAN AND ANR Vs KARIMAN NESSA AND 7 ORS. on 22 September 2026
GAHC010206732026 2026:GAU-AS:14071 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/469/2026 RANJIT BARMAN AND ANR SON OF LATE AMKAMAL BARMAN, RESIDENT OF VILLAGE- SHIMLAGURI, POLICE STATION- JOGIGHOPA, DISTRICT- BONGAIGAON, ASSAM,
GAHC010206732026
2026:GAU-AS:14071
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/469/2026
RANJIT BARMAN AND ANR
SON OF LATE AMKAMAL BARMAN, RESIDENT OF VILLAGE- SHIMLAGURI, POLICE STATION- JOGIGHOPA, DISTRICT- BONGAIGAON, ASSAM, PRESIDENT, KHORGAON ANCHALIK BAJAR COMMITTEE
2: SAMSUL AHMED
SON OF MOYNUDDIN AHMED
RESIDENT OF VILLAGE- KHORAGAON PART- II
DISTRICT- BONGAIGAON
ASSAM
SECRETARY
KHORAGAON ANCHALIK BAJAR COMMITTE
VERSUS
KARIMAN NESSA AND 7 ORS.
WIFE OF LATE AJIM UDDIN AHMED, RESIDENT OF VILLAGE- KHARAGAON PART I, POLICE STATION- JOGIGHOPA, DISTRICT- BONGAIGAON, ASSAM.
2:ABDUL KARIM
SON OF LATE AJIM UDDIN AHMED
RESIDENT OF VILLAGE- KHARAGAON PART I
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
3:JOHIRUL ISLAM
SON OF LATE AJIM UDDIN AHMED
RESIDENT OF VILLAGE- KHARAGAON PART I
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
4:MONIRUL ISLAM
SON OF LATE AJIM UDDIN AHMED
RESIDENT OF VILLAGE- KHARAGAON PART I
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
5:JIYARUL ISLAM
SON OF LATE AJIM UDDIN AHMED
RESIDENT OF VILLAGE- KHARAGAON PART I
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
6:KUTUB UDDIN AHMED
SON OF LATE AJIM UDDIN AHMED
RESIDENT OF VILLAGE- KHARAGAON PART I
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
7:RASHIDA KHATUN
DAUGHTER OF LATE AJIM UDDIN AHMED
WIFE OF SIDDQUE HUSSAIN
RESIDENT OF VILLAGE- BESIMARI
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSAM.
8:ANJURA KHATUN
DAUGHTER OF LATE AJIM UDDIN AHMED
WIFE OF LOKMAN HUSSAIN
RESIDENT OF VILLAGE- BESIMARI
POLICE STATION- JOGIGHOPA
DISTRICT- BONGAIGAON
ASSA
Advocate for the Petitioner : MS. R CHOUDHURY, S AHMED,MR. Z. HUSSAIN,MS. B.
HAZARIKA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
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ORDER
Date : 23.09.2026
1. Heard Ms. R. Choudhury, learned Senior Counsel assisted by Ms. S. Ahmed, learned counsel for the petitioners.
2. This is an application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 challenging the order dated 25.08.2026 passed by the learned Civil Judge (Jr. Division), North Salmara, Abhayapuri in Title Suit No. 71/2013.
3. The petitioners are the defendants before the Trial Court. Their own witnesses turned hostile. Therefore, they prayed for permission to cross-examine their own witnesses; however, the Trial Court rejected the said prayer.
4. I have gone through the impugned order dated 25.08.2026, this Court is of the opinion that the impugned order is bad in law and stands set aside.
5. The defendants shall be allowed to cross-examine their own witness, namely, DW3 who had turned hostile.
6. With the aforesaid direction, the civil revision petition stands disposed of.
JUDGE Comparing Assistant