Page No.# 1/3 GAHC010199592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/384/2025 SUDHIR KUMAR CHOUDHURY SON OF LATE BHAGAWATI PRASAD CHOUDHURY, RESIDENT OF NEAR CENTRAL FIELD, P.O AND P.S- MARGHERITA, DISTRICT- TINSUKIA, ASSAM VERSUS PAPPU SAH AND 5 ORS. SON OF LATE SURAJ PRASAD SAH, RESIDENT OF DEHING BAZAR, P.O AND P.S MARGHERITA, DISTRICT- TINSUKIA, ASSAM 2:BABLU SAH SON OF LATE SURAJ PRASAD SAH RESIDENT OF DEHING BAZAR P.O AND P.S MARGHERITA DISTRICT- TINSUKIA ASSAM 3:SMT. BABITA SAH DAUGHTER OF LATE SURAJ PRASAD SAH RESIDENT OF DEHING BAZAR P.O AND P.S MARGHERITA DISTRICT- TINSUKIA ASSAM 4:SMT. LALITA SAH DAUGHTER OF LATE SURAJ PRASAD SAH RESIDENT OF DEHING BAZAR P.O AND P.S MARGHERITA DISTRICT- TINSUKIA ASSAM Page No.# 2/3 5:SMT. BABLI SAH DAUGHTER OF LATE SURAJ PRASAD SAH RESIDENT OF DEHING BAZAR P.O AND P.S MARGHERITA DISTRICT- TINSUKIA ASSAM 6:SMT. BUBNI SAH DAUGHTER OF LATE SURAJ PRASAD SAH RESIDENT OF DEHING BAZAR P.O AND P.S MARGHERITA DISTRICT- TINSUKIA ASSA Advocate for the Petitioner : MR. A K GUPTA, MS M NIROLA,MR. R S MISHRA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.09.2025 1. Heard learned counsel Mr. A. K. Gupta for the petitioner Sudhir Kumar Choudhury who has filed this application under Article 227 of the Constitution of India with prayer for setting aside the orders dated 16.06.2025 and 17.07.2025, passed by the learned Civil Judge, Sr. Division, Tinsukia in T.S. No. 62/2017. 2. It is submitted that the cross-examination of the PW2 was rejected. The petition, more particularly, Annexure-F of this petition was filed on behalf of the PW2 who was not well. It is submitted that the PW2 is 78 years old. 3. It was observed by the learned Trial Court vide order 17.07.2025, that several adjournments have been granted for examination of PW2 but in reality, this is not so. It is submitted that earlier as the PW2 is 78 years old, there was a prayer for Cross- examination of PW2 through the Commissioner which was rejected. Annexure-E is the order dated 16.06.2025 rejecting the prayer to cross-examine PW2 by appointing a Commissioner. Page No.# 3/3 4. I have considered the submission that the petitioner has prayed only for one last opportunity to produce the PW2 who is 78 years old as a witness before the Court to be cross-examined. 5. Thereby, the order dated 17.07.2025, is set aside. 6. The petitioner is directed to produce PW2 on the next date fixed before the Court to be cross-examined by the Court. One last opportunity is accorded to the petitioner to produce PW2 for cross-examination. 7. In terms of the above observation, this petition stands disposed of with costs of RS. 1000/-. JUDGE Comparing Assistant