Disposed

Bhupendra Chandra Kalita v. Smti. Alaka Kalita

Gauhati HC3 Nov 2025CRP/96/2016

Case brief

AI extract

What is this about?

A third-party objector in an execution case sought examination of witnesses and acceptance of documentary exhibits; the Trial Court refused to accept them. With the respondent consenting, the High Court modified that order and directed acceptance of the exhibits.

What did the court decide?

Impugned order modified; Trial Court directed to accept exhibits filed with evidence and proceed lawfully.

Bhupendra Chandra Kalita Vs Smti. Alaka Kalita — Execution and Attachment | Gauhati HC (2025)

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Page No.# 1/2

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GAHC010010942016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : CRP/96/2016

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BHUPENDRA CHANDRA KALITA

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S/O- LT. PARBATI CHARAN KALITA, R/O- ULUBARI, GHY- 7, P.S.PALTANBAZAR, DIST.- KAMRUP M, ASSAM.

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VERSUS

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SMTI. ALAKA KALITA

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D/O- LT. DEBEN CH. KALITA, R/O- KAMRAPATTY, FANCY BAZAR, GHY- 1, DIST.- KAMRUP M.

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Advocate for the Petitioner : MR.SHEELADITYA,

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Advocate for the Respondent : MR.D HAZARIKA, MR A DEKA,N CHAUDHURY,MR. M DAS,MR. B D DEKA,MR.A DEKA,MR.A HUSSAIN,MR.H DEKA,MR.R SARMA

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 04.11.2025

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Heard Mr. Sheeladitya, the learned counsel appearing for the petitioner. Also heard Mr. M. Das, the learned counsel appearing for the respondent.

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2 . This is an application under Article 227 of the Constitution of India challenging the order dated 09.12.2015 passed by the learned Munsiff No. 2, Kamrup (Metro) at

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Page No.# 2/2

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Guwahati in Misc.(J) Case No. 61/2005 arising out of Title Execution Case No. 13/2014.

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3 . The petitioner being the third party filed an application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 in the said execution proceeding. He wanted to examine some witnesses. The petitioner adduced his evidence with some documents as exhibits. Thereafter, the petitioner filed an application praying for accepting those exhibits filed with evidence. The Trial Court refused to accept the exhibits filed with evidence. Hence, the present Civil Revision Petition has been filed.

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4 . Today, Mr. M. Das has submitted that he has no objection, if this Revision Petition is allowed.

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5 . After hearing the learned counsel of both sides, the impugned order dated 09.12.2015 passed by the learned Munsiff No. 2, Kamrup (Metro) at Guwahati in Misc. (J) Case No. 61/2005 stands modified.

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6 . The learned Trial Court is directed to accept the exhibits filed with evidence by the present petitioner and after that, the learned Trial Court shall dispose of the petition in accordance with the procedures as laid down by law.

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7 . Both sides are directed to appear before the Trial Court on 8^th December, 2025 to receive further orders.

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With the aforesaid direction, this Civil Revision Petition stands disposed of.

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JUDGE

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Comparing Assistant

Bhupendra Chandra Kalita v. Smti. Alaka Kalita

Case brief

What is this about?

What did the court decide?

Bhupendra Chandra Kalita v. Smti. Alaka Kalita

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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