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2025 DAILYLAW 17353 (GAU)

RAJU DUTTA v. SMTI REENA GOGOI

CRP(IO)/310/2025 · 2025-08-07

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010175842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/310/2025 RAJU DUTTA S/O LATE JIBA DUTTA, R/O OUGURI GAON, LACHIT NAGAR, P.O.- RUPAISIDING, P.S.- DOOMDOOMA, DIST- TINSUKIA, PIN-786153, ASSAM VERSUS SMTI REENA GOGOI D/O LATE PARESH DUWARAH, R/O DURGADIN SINGH PATH, CHIRING CHAPORI, P.O.- MOHONAGHAT, P.S.- MORANHAT, DIST- DIBRUGARH, PIN- 786008, ASSAM Advocate for the Petitioner : MR. S CHAMARIA, MR A N SARMAH Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.08.2025 Heard Mr. S. Chamaria, learned counsel for the petitioner. This application has been filed under Article 227 of the Constitution of India challenging the order dated 01.08.2025 passed by the learned Civil Judge (Sr. Division), Tinsukia, in Title Suit No. 71/2018. Page No.# 2/2 The petitioner is the plaintiff before the trial court. He wanted to examine some official witnesses. On 01.08.2025, the trial court found that the petitioner did not take steps for calling the official witnesses. The trial court presumes that the petitioner was not interested in calling the official witnesses and accordingly, the evidence of the petitioner side was closed. I have considered the submission made by Mr. Chamaria, learned counsel for the petitioner. In the light of the materials available in the record, the act of the trial court shows that the trial court was in hurry and this is bad in law. Therefore, the impugned order dated 01.08.2025 passed by the learned Civil Judge (Sr. Division), Tinsukia, in Title Suit No. 71/2018 is set aside. The trial court shall give adequate opportunity to the petitioner to call official witnesses and rest of his witnesses. After hearing the evidence of the witnesses, the trial court shall proceed to dispose of the case in accordance with law. With the above, the present civil revision petition is disposed of. JUDGE Comparing Assistant