Page No.# 1/3 GAHC010244002023 2025:GAU-AS:11576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/184/2023 ON THE DEATH OF SMTI. HEMALATA DUTTA, HER LEGAL HEIR NAMELY- SRI CHIMON JYOTI DUTTA SON OF LATE GHANA KANTA DUTTA, RESIDENT OF HOUSE NO. 3, BY LANE NO. 1, NARAKASUR, P.O. DISPUR, GUWAHATI- 781019, DISTRICT- KAMRUP(M) , ASSAM. VERSUS DR. LOHIT KUMAR KALITA S/O- LATE CHANDRA KANTA KALITA, RESIDENT OF MARRIED DOCTORS FLAT (QUARTER) NO. DF-B1, GAUHATI MEDICAL COLLEGE CAMPUS, P.O.- INDRAPUR, GUWAHATI- 781032, DISTRICT- KAMRUP(M), ASSAM. Advocate for the Petitioner : MR. N DHAR, MR F HAQUE,N HASAN,MR A HUSSAIN,MR. B K SEN Advocate for the Respondent : MR. R K BHUYAN, FOR CAVEATOR,MR. M KASHYAP,MR A ZAMAN Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.08.2025 1. Heard Mr. B. K. Sen, learned counsel for the petitioner. Also heard Mr. R. K. Bhuyan, learned counsel for the respondent. 2. This application has been filed under Article 227 of the Constitution of India, challenging the Order dated 28.08.2023, passed by the learned Civil Judge No.1, Kamrup (Metro), Guwahati, Assam in T.S. Case No.113/2014. 3. The present petitioner is the plaintiff before the Trial Court at the time of cross-examination of the witnesses of the respondent i.e., the defendant before the Trial Court, the petitioner wanted to produce some document under Order 13 Rule 1 Sub Rule 3 of the Code of Civil Procedure. In the petition it was prayed for receiving those documents as evidence on behalf of the plaintiff but that petition was rejected by the Trial Court. 4. Today, learned counsel for both sides have agreed that Order 13 Rule 1 Sub Rule 3 allows production of documents for refreshing the memories of the witnesses. Learned counsel for the petitioner has submitted that his prayer is limited to that effect and the plaintiff just wants to produce some documents to the witnesses of the defendant side to refresh their memories at the time of the cross-examination of the witnesses. 5. Therefore, the prayer made by the petitioner is allowed. 6. The impugned order stands set aside. Page No.# 3/3 7. The plaintiff shall be allowed to produce the documents to the witnesses of the defendant at the time of their cross-examination to refresh their memories. 8. Both the sides are directed to appear before the Trial Court on 18.09.2025 to receive further orders. 9. The earlier stay, if there be any, order shall be vacated. 10. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant