Page No.# 1/8 GAHC010261502024 2025:GAU-AS:251 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/543/2024 GOBINDA SAHA AND 12 ORS S/O SRI JAGADISH SAHA, R/O GOPAL NAGAR, WARD NO. 7, KHARUPETIA TOWN, MOUZA- KHARUPETIA, P.O.-KHARUPETIA, P.S.-KHARUPETIA, DIST- DARRANG, ASSAM 2: UTTAM SAHA S/O LATE REWATI MOHAN SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 3: PRAKASH SAHA S/O LATE RANJIT CH. SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 4: AMIT NAWLAKHA S/O SRI KAMAL CHAND NALEKHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA Page No.# 2/8 P.S.-KHARUPETIA DIST- DARRANG ASSAM 5: PINKU SAHA S/O LATE PARESH CH. SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 6: SUJIT PAUL S/O SRI ARUN PAUL R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 7: RANJIT ROY S/O LATE RADHA BALLAB ROY R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 8: BAPPI SAHA S/O GANESH MAHANTA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM Page No.# 3/8 9: ABHIJIT SAHA S/O SUBAL CH. SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 10: SANKAR SAHA S/O LATE ASHOTOSH SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 11: SUVAJIT SAHA S/O SRI SATYA GOPAL SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 12: RANJAN SAHA S/O ASHOTOSH SAHA R/O GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSAM 13: SUSHANTA SAHA S/O SANKAR SAHA R/O GOPAL NAGAR WARD NO. 7 Page No.# 4/8 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA DIST- DARRANG ASSA VERSUS SHREERAM AGARWAL @ SUREKA @ KYAL AND 11 ORS S/O LATE MIRZAMAL AGARWAL @ SUREKA @ KYAL, R/O FANCY BAZAR, MURLIDHAR SHARMA ROAD, GUWAHATI-781001, ASSAM 2:PREM KR. AGARWAL @ SUREKA @ KYAL S/O LATE MIRZAMAL AGARWAL @ SUREKA @ KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 3:VIJOY KR. AGARWAL @ SUREKA @ KYAL S/O LATE MIRZAMAL AGARWAL @ SUREKA @ KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 4:SMTI PATIYA DEVI AGARWAL @ SUREKA W/O LATE PRAHLAD RAI AGARWAL @ SUREKA @ KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 5:RAJENDRA KR AGARWAL @ SUREKA @ KYAL S/O LATE PRAHLAD RAI AGARWAL @ SUREKA @ KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 6:KRISHNA KUMAR AGARWAL @ SUREKA @ KYAL S/O LATE PRAHLAD RAI AGARWAL @ SUREKA @ KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM Page No.# 5/8 7:BIKASH AGARWAL @ SUREKA @ KYAL S/O LATE RUPCHAND KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 8:SANKAR KYAL S/O LATE SANJAY KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 9:VAIBHAV KYAL S/O LATE SANJAY KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 10:SMTI CHANCHAL DEVI AGARWAL @ SUREKA @ KYAL W/O LATE SANJAY KYAL R/O FANCY BAZAR MURLIDHAR SHARMA ROAD GUWAHATI-781001 ASSAM 11:MOTILAL KYAL S/O LATE LASHMI NARAYAN KYAL R/O RAM BHAWAN 3RD FLOOR HANUMAN MANDIR GOLLAPATTI T.R.PHUKAN ROAD FANCY BAZAR GUWAHATI-781001 DIST- KAMRUP (M) ASSAM 12:GOPAL NAGAR SHIV MANDIR PARICHALANA SAMITTEE REPRESENTED BY ITS PRESIDENT/SECRETARY GOPAL NAGAR WARD NO. 7 KHARUPETIA TOWN MOUZA- KHARUPETIA P.O.-KHARUPETIA P.S.-KHARUPETIA Page No.# 6/8 DIST- DARRANG ASSA Advocate for the Petitioner : MR. A R SHOME, MR S CHAUHAN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 08.01.2025 Heard Mr. A.R. Shome, learned counsel for the petitioners. 2. In this petition, under Article 227 of the Constitution of India, the petitioners have put to challenge the correctness or otherwise of the orders dated 12.02.2024 and 07.09.2024, passed by the learned Civil Judge (Senior Division), Darrang, Mangaldai, in Title Suit No. 10/2019. 3. It is to be noted here that vide impugned order dated 12.02.2024, the learned Civil Judge (Senior Division), Darrang, Mangaldai (‘trial Court’, for short) had dismissed the petition No. 324/2024, filed by the counsel for the plaintiffs/petitioners herein seeking another date for cross-examination of the P.W.s, and vide impugned order dated 07.09.2024, the learned trial Court had dismissed the petition No. 508/2024, filed by the petitioners under Section 151 of the CPC, for recalling the order dated 12.02.2024. 4. Mr. Shome, learned counsel for the petitioners submits that on 12.02.2024, the petitioners could not contact their counsel for which the counsel had filed one petition before the learned trial Court stating that he also could not contact the plaintiffs/petitioners herein, due to which they could not remain present before the Court and that the petitioners might have also mis-noted the date for Page No.# 7/8 which they could not produce the witnesses. But, the learned trial Court had dismissed the petition on the ground that the ground shown is clearly contradictory and not at all reasonable to be believed. Thereafter, the petitioners had preferred another petition, being petition No. 508/2024, under Section 151 of the CPC for recalling the order dated 12.02.2024. But, the learned trial Court had also dismissed the same. Mr. Shome further submits that before the date fixed i.e. on 11.12.2024, the petitioners were threatened by the respondents for which the petitioners lodged one FIR before the Officer In- Charge, Kharupetia P.S. and on account of the same, they could not produce the witnesses on 12.02.2024 and also could not contact their counsel to apprise the reason, and that unless the petitioners are allowed to examine the other P.W.s, serious prejudice will be caused to them and therefore, Mr. Shome has contended to allow the petition. 5. Having heard the submission of Mr. Shome, learned counsel for the petitioners, I have carefully gone through the petition and the documents placed on record and also perused the impugned orders dated 12.02.2024 and 07.09.2024, and also perused the FIR, which is enclosed with the petition at page No. 67. 6. It appears that sufficient ground was shown for absence of the petitioners in the Court on 12.02.2024. But, this aspect was not considered by the learned trial Court. Taking note of the submission of Mr. Shome, learned counsel for the petitioner and also taking note of the facts and circumstances on the record, this Court is of the view that another chance has to be given to the petitioners so that they can establish their case before the learned trial Court. 7. In that view of the matter, the impugned orders dated 12.02.2024 and 07.09.2024, stand set aside and quashed. Page No.# 8/8 8. The learned trial Court is directed to afford another opportunity to the petitioners to produce their remaining P.W.s, before it for their cross- examination and thereafter, proceed with the matter in accordance with law. 9. In terms of above, this revision petition stands disposed at this motion stage itself. JUDGE Comparing Assistant