Page No.# 1/3 GAHC010190282025 2025:GAU-AS:11577 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/362/2025 RAJDIP PAUL AND ANR S/O LATE BIJOY PAUL, R/O AMOLAPATTY, SIVASAGAR TOWN, WARD NO. 09, P.O., P.S.- SIVASAGAR, DIST- SIVASAGAR, ASSAM 2: GITA RANI PAUL W/O LATE BIJOY PAUL R/O AMOLAPATTY SIVASAGAR TOWN WARD NO. 09 P.O. P.S.- SIVASAGAR DIST- SIVASAGAR ASSA VERSUS SMTI. DEEPA PAUL AND 2 ORS. W/O SRI BASUDEV PAUL, R/O VILL- LACHIT NAGAR, SANGRAM PATH, W/NO. 09, P.O. AND P.S.- SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN- 785640 2:BASUDEV PAUL S/O LATE RAIMOHAN PAUL R/O VILL- LACHIT NAGAR SANGRAM PATH W/NO. 09 P.O. AND P.S.- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785640 3:PRADIP KUMAR SARMAH S/O LATE PRAFULLA CH. SARMAH R/O KAILASH NAGAR ROAD Page No.# 2/3 HOUSE NO. 1 PANJABARI GUWAHATI DIST- KAMRUP (M) ASSAM PIN-78103 Advocate for the Petitioner : MR D K DAS, M KHATONIAR,MS. S DAS,MS. P BHUYAN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.08.2025 1. Heard Mr. D. K. Das, learned counsel for the petitioners. 2. This application has been filed under Article 227 of the Constitution of India, challenging the Order dated 25.03.2025, passed by the learned Civil Judge (Junior Division) No.1, Sivasagar in Misc (J) Case No.84/2024, arising out of Title Suit No.31/2022. 3. The DW-1 was partly cross-examined but because of her illness, she had to leave the Court and the Trial Court discharged her. 4. Learned counsel for the petitioners has submitted that her cross-examination was not complete as she had to leave the Court because of her illness. Learned counsel for the petitioners further submits that the original sale deed was also not produced by the Bank and she remained to be further examined. Therefore an application was filed under Order 18 Rule 17 of the Code of Civil Procedure read with Section 151 of the said Code to recall her. The said application was rejected by the Trial Court. Page No.# 3/3 5. I have gone through the materials available in the record and I have decided to agree with Mr. Das that the DW-1 was erroneously discharged, whereas her cross- examination is yet to be complete. 6. Therefore, the impugned order rejecting the prayer of the petitioner is set aside. 7. The Trial Court is directed to resume cross-examination of the DW-1. The DW-1 shall be recalled for that purpose. 8. The Bank Authority shall also produce the Sale Deed on the next date fixed (i.e. on 14.10.2025) for cross-examination of the DW-1. 9. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant