Page No.# 1/2 GAHC010167372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/44/2023 RANJIT BHOWMIK S/O BROJOLAL BHOWMIK, RESIDENT OF GHUNGOOR, KUARPUR, PO GHUNGOOR, PS SILCHAR, DIST CACHAR, ASSAM VERSUS SIKHA DAS W/O SRI RAMENDRA DAS, RESIDENT OF UTTAR KRISHNAPUR PART III, PO AND PS SILCHAR ,DIST CACHAR, ASSAM Advocate for the Petitioner : MR. S BISWAS, MS D DEVI,MR C GOGOI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.09.2025 Heard Mr. S. Biswas, the learned counsel appearing for the petitioner. 2. None appears for the respondent on call. 3. This application has been filed under Order XLIII Rule 1 (u) of the Code of Page No.# 2/2 Civil Procedure. The petitioner filed a suit being T.S. No. 37/2017 praying for specific performance of contract. The petitioner being the plaintiff examined some witnesses but one of the witnesses was never cross-examined by the defendant’s side. Thereafter, the suit was decreed in favour of the petitioner. 4. The respondent preferred an appeal before the learned First Appellate Court. There the respondent filed an application under Order XLI Rule 27 of the CPC praying for opportunity to cross-examine the witnesses that was not examined before the Trial Court. On that issue the learned Appellate Court remanded the appeal before the Trial Court giving opportunity to the respondent to produce the DW-1 for cross-examination by the plaintiff. 5. Mr. Biswas submits that Order XLIII Rule 27 of the CPC is for adducing additional evidence and not for re-examination or further cross-examination of any witnesses, whose evidence was already closed. 6. I have decided to agree with Mr. Biswas. 7. The learned First Appellate Court erroneously oriented itself and arrived at an indefinite finding. 8. Therefore, the impugned order dated 03.07.2023 passed by the learned Additional District Judge, Cachar, Silchar in Title Appeal No. 04/2020 is set aside. 9. The learned First Appellate Court is directed to hear the appeal and to dispose of the same in accordance with the procedures as laid down by law. 10. The LCR shall be returned back to the learned First Appellate Court. With the aforesaid direction, the appeal stands disposed of. JUDGE Comparing Assistant