Jhumarmal Sharma v. Sanjay Kumar Agarwalla

ORDER Date : 04.04.2024 Heard Mr. R. Sensua, learned counsel appearing for the petitioner. This is an application under Article 227 of the Constitution of India challenging the order dated 19.12.2023 passed by the Civil Judge, (Junior Division No.1), Dhemaji, in T.S. No.10/2019. Page No.# 2/2 The petitioner is the defendant in the trial Court. On 19.12.2023, the case was posted for cross-examination of the witness of the plaintiff and the present petitioner being the defendant prayed for adjournment and the trial Court refused to grant adjournment. I have considered the submissions made by the learned counsel for the petitioner. I have decided to agree with the learned counsel for the petitioner that the petitioner should be given an opportunity to cross-examine the witness of the plaintiff's side. Therefore, the impugned order dated 19.12.2023 is set aside. The present petitioner being the defendant shall be given an opportunity to cross-examine the witness of the plaintiff's side. With the aforesaid directions, the revision petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010070412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/117/2024 JHUMARMAL SHARMA S/O LATE SHIVJIRAM SHARMA, RESIDENT OF SIPATHAR, PO SILAPATHAR, DIST DHEMAJI, ASSAM VERSUS SANJAY KUMAR AGARWALLA S/O LATE BHOLA RAM AGARWALLA, RESIDENT OF M/S BHOLARAM AGARWALLA, NEW MARKET PO AND PS AND DIST DIBRUGARH, ASSAM Advocate for the Petitioner : MR R SENSUA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA