Shankar Lal Bhajanka v. Delight Construction Private Ltd. and Anr

PageoNo.#o1/3 GAHC010189132022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/216/2022o SHANKARoLALoBHAJANKAo S/OoLT.oRAMoKUMARoBHAJANKA,oR/OoBHAJANKAoBHAWAN,oCRISTIANo BASTIoG.S.oROAD,oGUWAHATI-5oDIST.oKAMRUPo(M)oASSAM, VERSUSo DELIGHToCONSTRUCTIONoPRIVATEoLTD.oANDoANR.o AoCOMPANYoREGISTEREDoUNDERoTHEoCOMPANIESoACToHAVINGoITSo PLACEoOFoBUSINESSoAToSHOPoNO.o20oBHAJANKAoMARKEToCHRISTIANo BASTI,oG.S.oROADoP.SoDISPURoDIST.oKAMRUPo(M)oGUWAHATI-781005o ASSAM 2:BIJANoDASTDAR oS/OoLT.oANILoKUMARoDASTIDARoMANAGINGoDIRECTORoOFoDELIGHTo CONSTRUCTIONoPRIVATEoLTD.oHAVINGoITSoPLACEoOFoBUSINESSoAToSHOPo NO.o20oBHAJANKAoMARKEToCHRISTIANoBASTI oG.S.oROADoP.SoDISPURoDIST.oKAMRUPo(M)oGUWAHATI-781005oASSAo For;the;Applicant(s);;;;;;;;;;;;;;;;;;:;Mr.;;G.;Khandelia,;Advocate ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For;the;Respondent(s);;;;;;;;;;;;;;:;Mr.;U.;Sarma,;Advocate oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoDEVASHISoBARUAH ORDERo Dateo:oo27.03.2024 o

1.;;;; The ; instant ; application ; has ; been ; filed ; challenging ; the ; order ; dated Page No.# 2/3

20.05.2022 passed in Title Suit No.214/2018 by the Munsiff No.3, Kamrup (M) at Guwahati.

¶2A perusal of the said order reveals that an application was filed by the plaintiff informing the Court that there were certain mistakes while recording the evidence and as such he sought for re-examination for the purpose of clarifying the said mistakes.

¶3This Court had heard the learned counsel appearing on behalf of the Petitioner who submitted that the mistakes which had occurred was on account of an oversight which the plaintiff did not see at the time of signing the deposition. However, on the next date, when this aspect was noticed while perusing the records, the application was immediately filed for seeking re-examination of the Plaintiff Witness No.1.

¶4This Court had duly perused the said application filed before the learned Trial Court and to the surprise of this Court, the said application though sought judicial determination with a prayer for re-examination of the PW-1 but the same was not in consonance with Order VI Rule 15(4) of the Code as well as Rule 16 of the Civil Rules and Orders as framed by the High Court.

¶5From the materials on record, this Court is of the opinion that the petitioner/plaintiff is required to be given an additional opportunity so that an application can be filed properly thereby drawing the attention of the learned Trial Court about the mistakes and also seeking the prayer for re-examination. Under such circumstances, this Court interferes with the impugned order dated

20.05.2022 passed in Title Suit No.214/2018 and further grants the liberty to the Petitioner to file an application before the learned Trial Court on the next date so fixed by this Court seeking re-examination of the Plaintiff Witness No.1. Page No.# 3/3

¶6This Court observes that in the circumstance, such an application is filed, the learned Trial Court shall duly consider the same taking into account that the right of re-examination is implicit in the Indian Evidence Act, 1872.

¶7This Court has also taken note of that vide an order dated 19.09.2022, the further proceedings of Title Suit No.214/2018 was stayed and the said stay order is in operation. The said stay order stands vacated and the parties are directed to appear before the learned Trial Court on 19.04.2024. The petitioner/plaintiff is given the liberty to file the application seeking re-examination as per the provisions of law on or before the next date i.e.

19.04.2024. Failing to do so, this Court observes that the order dated

20.05.2022 would stand revived.

¶8With above observations and directions, the instant revision petition stands disposed of.

JUDGE Comparing Assistant