Gauhati HC restores a second appeal in an adoption dispute following Supreme Court orders to consider new school records as evidence

News Citation : 2026 LN (HC) 340

May 5, 2026 : The Gauhati High Court has vacated its previous judgment in a long-standing property and adoption dispute, paving the way for the introduction of new evidence regarding the age of a deceased petitioner. The decision, delivered by Justice Mridul Kumar Kalita, comes after the Supreme Court of India intervened to ensure the case is reconsidered on its merits.

The core of the legal battle traces back to a title suit filed by the late Bajranglal Modi, who sought a declaration of his rights and recovery of possession over a plot of land in Titabor Town. Bajranglal’s claim to the property was rooted in his status as the adopted son of late Meghraj Modi. However, his biological brothers challenged the validity of this adoption, arguing it violated the Hindu Adoptions and Maintenance Act, 1956. They contended that Bajranglal was 17 years old at the time of the 1971 adoption deed two years past the statutory age limit of 15.

While lower courts initially ruled in favor of Bajranglal, finding he was under the age of 15 at the time of adoption, the Gauhati High Court overturned those findings in 2018. In that ruling, the High Court favored the age of 17 mentioned in the registered adoption deed over a later HSLC certificate. Following Bajranglal’s death, his legal heirs, Prem Lota Modi and Suraj Kumar Modi, continued the fight, eventually discovering a primary school admission register from 1962. This newly traced document suggests Bajranglal was only five years old in 1962, which would make him approximately 14 at the time of his adoption.

A previous attempt to review the case based on this evidence was dismissed by a Co-ordinate Bench of the High Court on grounds of a lack of “due diligence.” However, the Supreme Court set aside that dismissal in October 2024, emphasizing that the scope of review under the Code of Civil Procedure is broad enough to consider such vital new evidence. The Apex Court noted that the High Court should not have dismissed the application simply because the document was produced late, especially given its potential to impact the case’s outcome.

In the current judgment, Justice Kalita acknowledged that the school admission register is an “important piece of evidence” that could unsettle previous findings. While the respondents argued that the register contained discrepancies and was not genuine, the Court ruled that the veracity of the document must be tested through proper legal channels, such as cross-examination, rather than being dismissed outright.

By allowing the review petition, the Gauhati High Court has vacated its 2018 judgment and restored the Regular Second Appeal (RSA No. 73/2013). The court has directed the registry to list the appeal for a fresh hearing, during which the petitioners may seek to formally introduce the 1962 school records as additional evidence. This move ensures that the decades-old question of Bajranglal Modi’s adoption will be decided with all available facts on the table.

Case Reference : Review Pet. No. 97/2018: Smt. Prem Lota Modi & Anr. (LRs of Late Bajranglal Modi) v. Raj Kumar Modi & 3 Ors. (Counsels: Mr. D. K. Mishra & Mr. B. Prasad for Petitioners; Mr. G. N. Sahewalla & Mr. A. Sahewalla for Respondents)