Deepak Bhuyan and Anr v. Runu Sharma and 12 Ors

ORDER

10.04.2023

Heard Mr. H. Maurya, learned counsel for the petitioners. None appears for the respondents, though service is complete.

¶2The present revision petition is filed against an order dated 07.01.2016, passed by the learned Munsiff No. 2, Kamrup, at Guwahati in Title Suit No. 228/2004, rejecting the petition No. 88 dated 07.01.2016 filed by the petitioners/defendant Nos. 1 and 2 seeking adjournment of the cross-examination of P.W.-3 and thereby discharged the P.W-3. Page No.# 4/5

¶3The matter was fixed for cross-examination of PW-3 on 07.01.2016. On that date, an adjournment was sought for on the ground that the engaged advocate for the defendant Nos. 1 and 2 were out of station and accordingly, a prayer for adjournment was made.

¶4Such prayer has been rejected by the learned Court below on the ground that much time and opportunities has been given to the parties for recording of evidence before the learned Commissioner appointed by the Court but due to non-cooperation of the parties, recording of evidence could not be completed. The Court also rejected such prayer on the ground that on 07.01.2016 the case was fixed for cross-examination of PW-3 as a last chance. The further ground was that though there are number of lawyers engaged by the defendants, however, an adjournment was sought for on the ground of one counsel only.

¶5This Court do not find any infirmity in the order passed by the learned trial Court below in the given facts, however, it is also discernible that the delay was caused not only due to the defendants but also for the conduct of the plaintiffs.

¶6Considering the matter in entirety and also considering that right of cross-examination is a valuable right, and ends of justice can be met and miscarriage of justice can be avoided, if a chance is given to the petitioner to cross-examine the PW-3 with cost.

¶7Accordingly, it is directed that a date be fixed for cross-examination of PW-

¶3If on such fixed date, the defendant fails to cross examine the PW-3, no further adjournment shall be granted and the matter shall proceed in Page No.# 5/5 terms of the order dated 07.01.2016. The aforesaid exercise be carried out subject to deposit of a cost of Rs. 3000/- before the learned trial Court. The cost be reimbursed to the plaintiffs. Accordingly, this revision petition is allowed. JUDGE Comparing Assistant

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