Siraj Uddin v. Ajir Uddin and 5 Ors

ORDER Date : 04.03.2024

¶1The instant petition under Article 227 of the Constitution has been filed challenging the order dated 18.05.2023 whereby the learned Court of the Munsiff No.1, Karimganj had rejected the petition filed by the Plaintiff to reject the Expert Report dated 17.03.2020 and further seeking a direction to send the thumb impression of the plaintiff for examination.

¶2The learned counsel appearing on behalf of the Petitioner submitted that there was a mistake committed by the lawyers conducting the case of not availing the opportunity in terms with Order XXVI Rule 10(2) of the Code seeking the cross-examination of the Commissioner and thereupon filing an appropriate application if something could be discerned on the basis of the said cross-examination. She further submitted that she would not like to press the instant petition however liberty may be given to the Petitioner to avail the remedies under Order XXVI Rule 10 of the Code of Civil Procedure, 1908. Page No.# 3/3

¶3Taking into account the above, this Court closes the instant petition. However taking into account that there is a vital right conferred upon the parties to the suit to examine the Commissioner in terms with Order XXVI Rule 10(2), this Court grants liberty to the plaintiff/petitioner to file an appropriate application before the learned Court of the Munisiff No.1 on or before the next date so that the learned Court below can take appropriate decision on the said aspect.

¶4Taking into account that both the parties are duly represented, this Court directs both the parties to appear before the learned Trial Court again on

27.03.2024 and the plaintiff/petitioner would be at liberty to file an application on or before the said date in terms with Order XXVI Rule 10(2) of the Code and if such application is filed, the learned Court below shall take appropriate decision in accordance with law without being influenced by the order dated

18.05.2023.

¶5The interim order which was passed on 26.06.2023 stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010137592023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/190/2023o SIRAJoUDDINo S/O-oLATEoTOIOBoALI,oR/O-oVILL.-oFULBARIo(KHAGKANDI),oP.O.oKALIGANJo BAZAR,oP.S.oANDoDIST.oKARIMGANJ,oASSAM VERSUSo AJIRoUDDINoANDo5oORS.o S/O-oLATEoTOIOBoALI,oR/O-oVILL.-oFULBARIo(KHAGKANDI),oP.O.oKALIGANJo BAZAR,oP.S.oANDoDIST.oKARIMGANJ,oASSAM 2:ESSAoBIBI oD/O-oLATEoTOIOBoALI oR/O-oVILL.-oFULBARIo(KHAGKANDI) oP.O.oKALIGANJoBAZAR oP.S.oANDoDIST.oKARIMGANJ oASSAM 3:ASMAoBEGUM oW/O-oABDULoMALIK oD/O-oLATEoTOIOBoALI oR/O-oVILL.-oSAGARoPAR oP.O.oCHATAL oP.S.oANDoDIST.oKARIMGANJ oASSAM 4:ABUoSUFIANo(MINOR) oS/O-oLATEoBURHANoUDDIN oREPRESENTEDoBYoHISoMOTHER oTHEoOPPOSITEoPARTYoNO.o4. 5:MUSSTT.oAFIAoBEGUM oW/O-oLATEoBURHANoUDDIN Page No.# 2/3 R/O- VILL.- FULBARI (KHAGKANDI) P.O. KALIGANJ BAZAR P.S. AND DIST. KARIMGANJ ASSAM 6:THE SUB-REGISTRAR KARIMGANJ P.O. AND DIST. KARIMGANJ ASSA For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. S. Y. Ahmed, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH