Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 17165 (GAU)

SMTI ROFIKA BEGUM v. SD ATIKUR RAHMAN

CRP(IO)/305/2025 · 2025-08-07

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010173312025 2025:GAU-AS:10409 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/305/2025 SMTI ROFIKA BEGUM W/O LATE SAHABUDDIN AHMED, RESIDENT OF NAHORANI CHARIALI, MOUZA DERAGON, PS DERGAON, DIST GOLAGHAT, ASSAM, REPRESENTED BY HER ATTORNEY HOLDER SRI NEKIBUR RAHMAN, SON OF LATE SAHABUDDIN AHMED, RESIDENT OF NAHORANI CHARIALI, MOUZA DERAGAON, PS DERGAON, DIST GOLAGHAT, ASSAM 785614 VERSUS SD ATIKUR RAHMAN S/O LATE ABDUL RAHMAN @ ABDUR, RESIDENT OF DEWAN GAON, NAHORANI, MOUZA DERAGAON, PS DERGAON, DIST GOLAGHAT, ASSAM 785614 Advocate for the Petitioner : MR. D CHOUDHURY, MS. A KHARBANI,MR. R K SARMA,MR J DAS,MR T CHAKRABORTY Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.08.2025 1. Heard Mr. D. Choudhury, learned counsel for the petitioner. 2. This is an application filed under Article 227 of the Constitution of India challenging the Order dated 07.05.2025, passed by the learned Civil Judge (Junior Division) No.1, Golaghat in Title Suit No.02/2023. 3. The petitioner is the plaintiff before the Trial Court, the PW-1 was examined and discharge after cross-examination. At the time of cross-examination of the PW-2, the plaintiff prayed for adjournment, the Trial Court refused to grant adjournment on the ground that the plaintiff has already taken several adjournments. Moreover, on one occasion, the plaintiff was directed to pay a cost of Rs.1,000/- that was also not paid, therefore, the prayer for adjournment was rejected at that time. 4. I have considered the submissions made by learned counsel for the petitioner in the light of the materials available on record. 5. This Court is of the opinion that for the ends of justice, the petitioner being the plaintiff deserves to be given some opportunities for cross-examination of the PW- 2 and his rest of the witnesses by the defendant side. 6. Therefore, the impugned order dated 07.05.2025 passed in Title Suit No.02/2023 is set aside. 7. The petitioner shall be given adequate opportunity for cross-examination of his witnesses by the defendant side. Page No.# 3/3 8. Moreover, on the next date, the cost of Rs.1,000/- shall be paid by the petitioner to the Court. The petitioner is directed to appear before the Trial Court with this order on 10.09.2025. 9. With the aforesaid direction, the Civil Revision Petition is disposed of. JUDGE Comparing Assistant