Page No.# 1/5 GAHC010167912024 2025:GAU-AS:6438 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/312/2024 MD. JAINAL ABDIN S/O- LATE HUSSAIN ALI, R/O- BHAKATGAON, P.O. SILONGONI, MOUZA- KASAMARI, P.S. SADAR NAGAON, DIST. NAGAON, ASSAM VERSUS MUSSTT FAZAR BANU AND 10 ORS. D/O- LATE HUSSAIN ALI, W/O- ABDUL GAFUR, R/O- SHANTIJAN, P.S. AND MOUZA- BHATADRAVA, DIST. NAGAON, ASSAM 2:MD. NUR UDDIN S/O- LATE HUSSAIN ALI R/O- BHAKATGAON P.O. SILONGONI MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 3:MD. RAMJAN ALI S/O- LATE HUSSAIN ALI R/O- BHAKATGAON P.O. SILONGONI MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 4:MUSSTT. ASAR BANU D/O- LATE HUSSAIN ALI W/O- TOUFIK SHEIK R/O- DIMARUGURI PATH MOUZA- NIZ SAHAR P.S. SADAR NAGAON Page No.# 2/5 DIST.NAGAON ASSAM 5:MUSTT. JAHUR BANU D/O- LATE HUSSAIN ALI W/O- RAMJAN ALI R/O- SILONGONI MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 6:MUSTT. HANUFA KHATUN S/O- LATE HUSSAIN ALI R/O- BHAKATGAON P.O. SILONGONI MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 7:MUSTT. FIRDUSI BEGUM W/O- TAFATJJUL ISLAM R/O- BHAKATGAON MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 8:MD. ISMAIL S/O- IJJAT ALI R/O- BHAKATGAON MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 9:NURUL ISLAM S/O- A. HEKIM R/O- VILL.- NARAMARI MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSAM 10:BHAKATGAON ADDARSHA M.E. MADRASSA R/O- BHAKATGAON MOUZA- KASAMARI Page No.# 3/5 P.S. SADAR NAGAON DIST. NAGAON ASSAM 11:B.N.C. HIGH MADRASSA R/O- BHAKATGAON MOUZA- KASAMARI P.S. SADAR NAGAON DIST. NAGAON ASSA Advocate for the Petitioner : MR. R GOSWAMI, MS N DEVI,MS S DAS Advocate for the Respondent : , BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.05.2025 Heard Mr R Goswami, the learned counsel appearing on behalf of the petitioner. 2. The supervisory jurisdiction of this Court has been invoked, challenging the order dated 11.07.2024, passed in Title Suit No. 122/2018, whereby the application filed under Order 18 Rule 17, read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, for short, ‘the Code’), bearing Petition No. 1712/2023, was rejected. 3. It is relevant to take note of that the suit was fixed for evidence of the plaintiff on 17.09.2019. The plaintiff filed the examination-in-chief of 4 (four) witnesses, of which the plaintiff No. 1 was cross-examined on 30.06.2023, and as the remaining witnesses did not appear on that date, the Court proceeded to the next stage, i.e., the filing of the evidence of the defendant witnesses. Subsequent thereto, the petitioner filed an Page No.# 4/5 application, seeking recalling of the order dated 30.06.2023, and thereby for fixing another date for cross-examination of the plaintiff witnesses No. 2, 3 and 4. 4. This Court has also taken note of the said application which has been filed under Order 18 Rule 17, read with Section 151 of the Code. The said petition requires judicial determination and to the surprise of this Court, the said petition is neither on affidavit, which is required under Order 6 Rule 15 (4) of the Code, nor is in compliance to Rule 15 of the Civil Rules and Orders framed by the Gauhati High Court. 5. This Court has further taken into account, the reasons which have been assigned by the learned trial Court in the impugned order and is of the opinion that the same do not call for interference by exercising the supervisory jurisdiction of this Court, for which the instant petition stands dismissed. 6. The interim order passed on 28.08.2024, passed by this Court, stands vacated, and the next date is fixed before the learned trial Court, on 16th of June, 2025. 7. Taking into account that none of the other respondents have duly appeared, the learned trial Court shall proceed with the suit by giving due notice to said respondents, who are the defendants in the suit. 8. Before parting with the record, this Court observes that if the Defendant witnesses have not been cross-examined in the suit, the Petitioner is given the liberty to file an application under Section 151 of the Code, giving due reasons and in the circumstances, such application is filed, the Learned Trial Court may consider, as to whether by Page No.# 5/5 imposing certain costs, the Petitioner can be allowed to again bring the PW-2, PW-3 and PW-4 to face cross-examination with stringent conditions. JUDGE Comparing Assistant