K. L. Dudhoria and Sons (Huf) v. Jay Kumar Dugar and 3 Ors

ORDER Date : 18.09.2024

Heard Mr. O.P. Bhati, learned counsel for the petitioner.

¶2In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the correctness or otherwise of the order dated

30.07.2024, passed by the learned Civil Judge (Junior Division) No. 2, Kamrup(M), Guwahati, in Title suit No. 169/2019.

¶3It is to be noted here that vide impugned order dated 30.07.2024, the learned trial Court has dismissed the petition, being Petition No. 1656/2024, filed by the petitioner for adjournment of the case and thereby, closed the cross-examination of P.W.1.

¶4Mr. Bhati, learned counsel for the petitioner submits that the case was pending for cross-examination of P.W.1 before the learned trial Court on

30.07.2024, but on that day, he was out of station and to that effect, one petition, being Petition No. 1656/2024 was filed before the learned trial Court for adjournment of the case enclosing the Air Ticket to substantiate the plea. But, the learned trial Court, vide impugned order dated 30.07.2024, rejected the prayer of the petitioner and closed the cross-examination of P.W.1 in the interest of speedy trial of the matter in dispute. Mr. Bhati also submits that he is ready to cross-examine P.W.1 on any date and therefore, it is contended to allow this petition.

¶5Having heard the learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record and perused the impugned order dated 30.07.2024.

¶6It appears that on that day, the learned counsel for the petitioner was absent and to that effect, Petition No. 1656/2024 was filed stating that the Page No.# 3/3 counsel for the petitioner was out of station and to substantiate the same, the petitioner has enclosed one Air Ticket, which is being enclosed with this petition at page No. 60. Thus, it appears that sufficient cause has been shown for adjournment of the case on 30.07.2024.

¶7It also appears that the case is pending at the stage of cross-examination of P.W.1. It is well settled that the right to cross-examine a witness, apart from being a natural right, is a statutory right. Section 137 of the Indian Evidence Act, 1872, provides for examination-in-chief, cross-examination and re-examination. Section 138 of the Indian Evidence Act, 1872 confers a right on the adverse party to cross-examine a witness, who has been examined-in-chief, subject of course to expression of his desire to the said effect. But, indisputably, such an opportunity has to be granted. It is also well settled that right to fair trial is a fundamental right. In a fair trial, fair opportunity has to be given to both the parties to the proceeding. Denial of cross-examination as such, is denial of right to fair trial.

¶8Keeping the aforesaid aspect in mind and also considering the submission of learned counsel for the petitioner, and further considering the facts and circumstances on the record, this Court is inclined to allow this petition.

¶9It is provided that the learned trial Court shall afford another opportunity to the petitioner to cross-examine P.W.1, subject of course, on payment of a sum of Rs. 5,000/-, being the cost, which shall be deposited before the learned trial Court on the next date.

¶10In terms of above, this revision petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010190112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/350/2024o K.oL.oDUDHORIAoANDoSONSo(HUF)o FLAToNO.o401,oBUILDINGoNO.o3,oANMOLoCOMPLEX,oANDHERIoKURLAo ROAD,oANDHERI-oEAST,oMUMBAI-59,oMAHARASHTRA. VERSUSo JAYoKUMARoDUGARoANDo3oORSo S/O-oLATEoASHKARANoDUGAR,oKARTAoOFoASHKARAMoDUGARo(HUF). 2:RAJUoDEVIoDUGAR oW/O-oLATEoASHKARANoDUGAR. 3:JAYANToKUMARoDUGAR oS/O-oLATEoVIJAYoSINGHoDUGAR oKARTAoOFoM/SoVIJAYoSINGHoDUGARo(HUF). 4:CHANDAoDEVIoDUGAR oW/O-oLATEoVIJAYoSINGHoDUGAR.o(ALLoAREoCO-OWNERSoANDoJOINTLYo KNOWNoASoHANUMANoMALoDUGARoANDoOTHER oALLoAREoRESIDENTSoOFoDUGARoBUILDING oKAMRUPoCHAMBERoROAD oFANCYoBAZAR oKAMRUP(M) oGUWAHATI-781001 oASSAM)o AdvocateoforotheoPetitionerooooo:oMR.oOoPoBHATI,oMRoToCoDAS,MR.oPoSARMA,S.oK.oGUPTAo AdvocateoforotheoRespondento:o,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN