Page No.# 1/4 GAHC010120172024 2025:GAU-AS:5442 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/206/2024 NITYANANDA PATRA AND ANR S/O- LATE BANSHIDHAR PATRA, RESIDENT OF VILLAGE- GANDHALI BEBEJIA, MOUZA- VELEUGURI, P.S. AND P.O.- SAMUGURI, DISTRICT- NAGAON, ASSAM. 2: BINA BALA PATRA W/O- LATE BANSHIDHAR PATRA RESIDENT OF VILLAGE- GANDHALI BEBEJIA MOUZA- VELEUGURI P.S. AND P.O.- SAMUGURI DISTRICT- NAGAON ASSAM VERSUS RENU GOHAIN AND 2 ORS W/O- LATE UDAY GOHAIN, RESIDENT OF VILLAGE- AMOLAPATTY, MOUZA- TOWN MOUZA, P.O.- NAGAON, PIN- 782003, ASSAM. 2:CHANDAN GOHAIN S/O- LATE UDAY GOHAIN RESIDENT OF VILLAGE- AMOLAPATTY MOUZA- TOWN MOUZA Page No.# 2/4 P.O.- NAGAON PIN- 782003 ASSAM. 3:DIPALI GOHAIN D/O- LATE UDAY GOHAIN W/O SRI PALASH BORAH RESIDENT OF VILLAGE- BORBHOKOTI MOUZA- CHATIAL P.O. AND P.S.- JAKHALABANDHA DISTRICT- NAGAON ASSAM For the Petitioner(s) : Mr. P. Sundi, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.05.2025 Heard Mr. P. Sundi, the learned counsel appearing on behalf of the petitioners. 2. None appears on behalf of the respondents on call. 3. The instant application has been filed challenging the order dated 09.05.2024 passed in Title Suit No. 15(K)/2014 pending before the learned Court of the Civil Judge (Junior Division), Kaliabor, Nagaon (hereinafter referred to as, “the learned Trial Court”) whereby the learned Court had rejected the application filed by the petitioner seeking recalling Page No.# 3/4 of the order dated 16.12.2023 passed by the learned Trial Court. 4. This Court has duly perused the records and it is seen that the suit has been fixed for cross of PWs since 06.02.2020. It is also seen that every time when the matter has been taken up, the cross-examination of the plaintiff witnesses have not taken place. Further to that, this Court has also perused the order dated 16.12.2023 when again adjournment was sought for which was rejected by the learned Trial Court on the ground that there was no medical documents produced in support of the ground taken. 5. This Court enquired with the learned counsel appearing on behalf of the petitioners as regards any medical document. 6. The learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to Annexure-7 of the instant application. A perusal of the said Annexure-7 only mentions about the date of admission on 28.01.2024 and the date of discharge on 02.02.2024 which is much after the order dated 16.12.2023. 7. This Court further takes note of that the petition which was filed before the learned Trial Court thereupon on 21.02.2024 is also not supported by an affidavit. Such petition in the opinion of this Court, cannot be taken up for judicial determination, taking into account the provisions of Order VI Rule 15 (4) of the Code of Civil Procedure, 1908 as well as Rule 15 of the Civil Court Rules and Orders framed by the Gauhati High Court. 8. Considering the above, this Court does not find any illegalities in the order dated 09.05.2024, for which, the instant petition stands dismissed. Page No.# 4/4 9. The interim order dated 04.04.2025 whereby the further proceedings of Title Suit No. 15(K)//2014 pending before the learned Court of the Civil Judge (Junior Division), Kaliabor, Nagaon was stayed is hereby vacated. 10. The Registry shall inform about this order to the learned Trial Court forthwith. JUDGE Comparing Assistant