Habib Ali Barbhuiya and Anr v. Farij Uddin Barbhuiya and 8 Ors

ORDER Date : 16.06.2023

Heard Mr. M. J. Quadir, learned counsel for the petitioners.

The respondents side remain unrepresented though it reveals from the record that services are already completed.

This revision petition is preferred against the impugned order dated

19.12.2019,, passed by the learned Civil Judge, Hailakandi, in T.S. No. 53/2016, whereby, the learned Court below has rejected the petition filed by the plaintiff/petitioner seeking adjournment and accordingly closed the plaintiff's evidence. Page No.# 4/5

It is submitted by the learned counsel for the petitioners that in the impugned order dated 19.12.2019, the learned Civil Judge, Hailakandi, has reflected several dates on which the adjournments were sought for by the plaintiff's side and after considering the earlier adjournments sought for by the plaintiff, the petition filed on the last date, i.e. on 19.12.2019, was rejected and plaintiff's evidence were accordingly closed. However, from the certified copies of the order sheets, it shows that on several occasions, the plaintiff/petitioner was present along with his witness, but due to adjournment sought by the defendant/respondent side as well as due to leave of the learned Court below, the evidence of plaintiff witnesses could not be recorded.

However, from the order dated 19.12.2019, it reveals that prior to the year 2018, on several occasions, the plaintiff took adjournments which were allowed and hence, considering the earlier adjournments took by the plaintiff side, vide order dated 19.12.2019, the petition for adjournment was rejected by the learned Court below. Thus, it is seen that no illegality has been committed by the learned Civil Judge, Hailakandi, while rejecting the prayer for adjournment filed by the plaintiff/petitioner. However, in the same time, it also cannot be denied that the adjournment was not only sought for by the plaintiff side, but also on several occasion the adjournment was sought for by respondent side.

In view of above and also for the ends of justice, the petitioner/plaintiff may be given chance to adduce evidence of remaining P.Ws. and accordingly, the petitioner/plaintiff is hereby asked to produce all the P.Ws. for their cross-examination on the date fixed by the learned Civil Judge, Hailakandi. Page No.# 5/5 Accordingly, both the parties are hereby directed to appear before the learned Civil Judge, Hailakandi, on 19.07.2023.

With the above observation, the present petition stands allowed and disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010037542020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/56/2020o HABIBoALIoBARBHUIYAoANDoANRo S/O-oLATEoIMRANoALIoBARBHUIYA,oVILL-oMOHANPURoGRANT,oP.O-o MOHANPUR,oP.S-oALGAPUR,oDIST-oHAILAKANDI 2:oABDULoBASIToAHMEDoBARBHUIYA oS/O-oHABIBoALIoBARBHUIYA oVILL-oMOHANPURoGRANT oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDo VERSUSo FARIJoUDDINoBARBHUIYAoANDo8oORSo S/O-oLATEoISAKoALIoBARBHUIYA,oVILL-oBURNIBREASEoKHASIAPUNJI,oP.O- MOHANPUR,oP.S-oALGAPUR,oDIST-oHAILAKANDI,oASSAM,oPIN-o788151 2:NASIRoUDDINoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 3:NURoUDDINoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 PageoNo.#o2/5 4:RIAJoUDDINoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 5:AFTABoUDDINoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 6:PIARUNoNESSAoBARBHUIYA oD/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 7:AIFULoBEGUMoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 8:ANWARAoBEGUMoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA oVILL-oBURNIBREASEoKHASIAPUNJI oP.O-oMOHANPUR oP.S-oALGAPUR oDIST-oHAILAKANDI oASSAM oPIN-o788151 9:ALTAFUNoNESSAoBARBHUIYA oS/O-oLATEoISAKoALIoBARBHUIYA Page No.# 3/5 VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 78815 Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA