Amit Kumar Bora Vs Smt Kripalini Bora and Anr. — Writ and Judicial Review | Gauhati HC (2026)

Amit Kumar Bora Vs Smt Kripalini Bora and Anr. — Writ and Judicial Review | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Direction to the Additional District Judge No. 1, Kamrup(M) to consider the petitioner's application under Section 151 of the Code of Civil Procedure and pass an appropriate order thereon after hearing both parties as expeditiously as possible; petitioner to present the petition before that court within one week from the date of the order.

Issue for consideration

Whether the trial court (Additional District Judge No. 1, Kamrup(M)) should be directed to register and consider the petitioner's application under Section 151 of the Code of Civil Procedure, 1908 for modification of the order dated 20.11.2025 passed in Succession Case No. 61/2023.

Court's answer

The Court refrained from making any observation on the merits of the petitioner's Section 151 CPC application, regarded the complaint that the petition was not put up before the trial court for consideration as a serious allegation, and directed the Additional District Judge No. 1, Kamrup(M) to consider the petition and pass an appropriate order after hearing both parties as expeditiously as possible.

Ratio / Principle

The petitioner was directed to approach the Additional District Judge No. 1, Kamrup(M) within one week from the date of the order and present the Section 151 CPC petition before that court for consideration.

Detailed headnote1 paragraphs

Gauhati High Court, CRP(IO)/233/2026 (order dated 10.06.2026, Justice Mridul Kumar Kalita) — Amit Kumar Bora v. Smt Kripalini Bora & Anr. Application under Article 227 of the Constitution of India praying for a direction to the trial court to register the petitioner's application under Section 151 of the Code of Civil Procedure, 1908 for modification of the order dated 20.11.2025 passed in Succession Case No. 61/2023, whereby the Additional District Judge No. 1, Kamrup(M) had directed issuance of a succession certificate (in respect of the debts and liabilities of late Binapani Bora, sister of the petitioner) jointly in favour of the petitioner and the respondents with regard to the amount lying in the deceased's bank account after payment of court fees. As the respondents did not appear to furnish the bond or pay the court fee, the petitioner filed a Section 151 CPC application on 30.01.2026 seeking apportionment of court-fee liability, furnishing of bond and issuance of the certificate to the extent of his entitlement, but the trial court refused to accept it. Without expressing any view on the merits, the High Court treated the complaint that the petition was not put up for consideration as serious, directed the trial court to consider the petition and pass an appropriate order after hearing both parties as expeditiously as possible, and required the petitioner to present the petition within one week. The CRP(IO) was disposed of accordingly.

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GAHC010114352026

THE GAUHATI HIGH COURT

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

Case No. : CRP(IO)/233/2026

AMIT KUMAR BORA

S/O LATE JAMINI BORA, R/O MATHURA NAGAR, DOWN TOWN, P.S DISPUR, DISTRICT KAMRUP (M), ASSAM.

VERSUS

SMT KRIPALINI BORA AND ANR

D/O LATE DHARMANANDA BORA, R/O BHARALUMUKH, GUWAHATI-09, DISTRICT KAMRUP (M), ASSAM.

2:SMT MRINALINI BORA D/O LATE DR. NALINI KUMAR BORA R/O HOUSE NO.6 FLAT NO.104 GOLDEN WOODS ANANDA PINAKI PATH ZOO ROAD TINIALI P.S GEETANAGAR DISTRICT KAMRUP (M) ASSAM

Advocate for the Petitioner : MR S HOQUE, MR S H SIKDAR,MS N J BEGUM,MR. A DEKA

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 10.06.2026

1. Heard Mr. S. H. Sikdar, learned counsel for the petitioner.

2. This application under Article 227 of the Constitution of India has been

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filed by the petitioner, namely, Amit Kumar Bora praying for issuance of appropriate direction to the trial court to register the application filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908 for modification of order dated 20.11.2025, passed in Succession Case No. 61/2023 and thereafter after hearing the parties, pass an appropriate judicial order thereon.

3. The learned counsel for the petitioner has submitted that the present petitioner along with two others approached the court of learned Additional District Judge No. 1, Kamrup(M) by filing a succession case i.e., Succession Case No. 61/2023 for issuance of a succession certificate in respect of debts and liabilities of late Binapani Bora, who was the sister of the present petitioner.

4. The learned counsel for the petitioner submits that by order dated 20.11.2025, the trial court disposed of the aforesaid succession certificate by directing the the issuance of succession certificate in favour of the present petitioner as well as the respondents of the case, namely, Kripalini Bora and Mrinalini Bora with regard to the amount which was lying in the bank account of the deceased Binapani Bora after payment of the due court fees. However, the learned counsel for the petitioner submits that after passing on the final order by the Court of the learned Additional District Judge No. 1, Kamrup(M), in the aforementioned succession case, the defendant never appeared before the court for furnishing the bond and payment of the court fee as was directed by the court. Hence, he filed an application under Section 151 of the Code of Civil Procedure on 30^th of January, 2026 praying for apportioning liability to pay court fee as well as the furnishing of bond and also praying for issuance of succession certificate to the petitioner to the extent to which he is entitled. However, the

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court refused to accept the petition.

5. This Court is refraining from making any observation regarding the merits or otherwise of the petition under Section 151 of the Code of Civil Procedure filed by the present petitioner. However, the complaint made by the petitioner's counsel that the said petition was not put up before the court for consideration is a serious allegation.Under such circumstances, the Court of learned Additional District Judge No. 1, Kamrup(M) is directed to consider the petition filed by the present petitioner under Section 151 of the Code of Civil Procedure and pass an appropriate order on the same after hearing both the parties as expeditiously as possible.

6. The present petitioner is directed to approach the said court within a period of one week from the date of this order and present the said petition before the court for consideration.

7. With the above observation, this CRP(IO) is disposed of.

JUDGE

Comparing Assistant