Page No.# 1/4 GAHC010210032025 2025:GAU-AS:13065 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/408/2025 ROFIQUL HASSAN SARKAR @ ROFIQUE HASSAN SARKAR AND ANR S/O- HARMUZ ALI SARKAR, VILLAGE- PALASH KANDI, P.S- LAKHIPUR, DIST- GOALPARA, ASSAM 2: KAMAT HASSAN SARKA S/O- HARMUZ ALI SARKAR VILLAGE- PALASH KANDI P.S- LAKHIPUR DIST- GOALPARA ASSA VERSUS RATNA MAYA MALI AND 8 ORS. WO-LATE NITAI CH. MALI, RESIDENT OF LAKHIPUR TOWN, WARD NO.3, P.O AND P.S- LAKHIPUR, DIST- GOALPARA, ASSAM, PIN 783129 2:SOBI MALI D/O- LATE NITAI CH. MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 3:RUMA MALI D/O- LATE NITAI CH. MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 4:PRATIMA MALI Page No.# 2/4 D/O- LATE NITAI CH MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 5:NILIMA MALI D/O- LATE NITAICH. MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 6:MINATI MALI W/O- LATE SANJOY MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 7:GANGA MALI D/O- LATE SANJOY MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 8:JOMUNA MALI D/O- LATE SANJOY MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 783129 9:SWARASWATI MALI D/O- LATE SANJOY MALI RESIDENT OF LAKHIPUR TOWN WARD NO.3 PO AND PS- LAKHIPUR DIST- GOALPARA ASSAM. PIN 78312 Advocate for the Petitioner : MR. A M KHAN, MR T T MONI Page No.# 3/4 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.09.2025 1. Heard Mr. A. M. Khan, learned counsel for the petitioners. 2. This application under Article 227 of the Constitution of India challenging the Order dated 24.06.2025, passed in Misc. (J) Case No.120/2024, arising out of Title Suit No.30/2017, pending in the Court of the learned Civil Judge (Senior Division), Goalpara. 3. The petitioner filed the suit for specific purpose of contract, he examined PW-1, 2 and 3, and they were also cross-examined by the defendants. His 4th witness refused to come to the Court to stand cross-examination by the defendant therefore, the petitioner filed an application before the Court seeking to examine 2 (two) other witnesses in place of the PW-4, the Trial Court refused the said prayer. 4. I have considered the submissions made by learned counsel for the petitioners. 5. The reasons for which the Trial Court refused the prayer of the petitioner need not be discussed here in this order. 6. Giving adequate opportunity to the parties or the litigants to prove their case is a prime necessity in a judicial proceeding. Page No.# 4/4 7. Therefore, the impugned order dated 24.06.2025, passed in Misc. (J) Case No.120/2024 arising out of Title Suit No.30/2017, pending in the Court of the learned Civil Judge (Sr. Div.), Goalpara is set aside. 8. The Trial Court is directed to give opportunity to the petitioner to examine Anowar Husen and Abdur Rajjak in place of the PW-4 and after that the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 9. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant