Page No.# 1/6 GAHC010144342025 2025:GAU-AS:15892 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/124/2019 MRINAL KUMAR DAS S/O. LT. AMBIKACHARAN DAS VILL. ABHAYAPURI TOWN WARD NO. 1 (DHARAMPUR) P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM. VERSUS ALIUL ISLAM AND 3 ORS. S/O LT. NUR BAKHTAR SHEIKH VILL. ABHAYAPURI TOWN WARD NO. 4 (NEAR TENGNAMARI MOSQUE) P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON PIN- 783384 ASSAM. 2:ON THE DEATH OF BASIR ALI S/O. LT. SUKUR ALI 2.1:RAMENA KHATUN W/O- LATE BASIR ALI R/O VILL.- LALMATI GANESHPUR P.O.- LALMATI P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. Page No.# 2/6 2.2:ABDUL KARIM S/O- LATE BASIR ALI R/O VILL.- LALMATI GANESHPUR P.O.- LALMATI P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 2.3:RAHUL AMIN S/O- LATE BASIR ALI R/O VILL.- LALMATI GANESHPUR P.O.- LALMATI P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 2.4:BOBITA AKHTAR D/O- LATE BASIR ALI R/O VILL.- LALMATI GANESHPUR P.O.- LALMATI P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 2.5:BINIMA AKHTAR D/O- LATE BASIR ALI R/O VILL.- LALMATI GANESHPUR P.O.- LALMATI P.S.- ABHAYAPURI DIST.- BONGAIGAON ASSAM PIN- 783384. 3:ANIL CHANDRA NATH S/O. LT. JOGGESWAR NATH VILL. LALMATI P.O. LALMATI P.S. ABHAYAPURI DIST.- BONGAIGAON PIN- 783384 ASSAM. 4:MAHADEV ADHIKARY S/O LT. BUDORAM ADHIKARY Page No.# 3/6 VILL. ABHAYAPURI TOWN WARD NO. 1 (ROWMATI) P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON PIN- 783384 ASSAM. ------------ For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. A. K. Hussain, Advocate : Mr. C. Sharma, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.11.2025 Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. A. K. Hussain, the learned counsel appearing on behalf of the Respondent No.1. I have also heard Mr. C. Sharma, the learned counsel appearing on behalf of the Respondent Nos. 2(i) to 2(iii). 2. This is an application filed under Article 227 of the Constitution seeking interference against the order dated 06.03.2018 passed by the learned Munsiff, North Salmara, Abhayapuri in Title Suit No.47/2011 whereby the cross-examination of the Plaintiff Witnesses were closed. 3. It has been submitted by the learned counsel for the Petitioner that the Petitioner is a Grade-IV employee in the PWD Department of the Government of Assam and though the Petitioner had sought for leave, but the leave was not granted and therefore, the Petitioner could not participate in the trial for facing the cross-examination. The learned Page No.# 4/6 counsel therefore submitted that the reasons for which the Petitioner could not participate on 06.03.2018 which was the date fixed for cross- examination of the Petitioner who is the PW-1 was beyond his control. It is also submitted that in the trial, the Petitioner who is the plaintiff had submitted the evidence on affidavit of the PW-2 and PW-3 however, as on date, PW-2 and PW-3 have expired. Therefore, the Petitioner would not further insist on any other witnesses except his evidence as PW-1 be taken on record and thereby permit the Petitioner to face the cross- examination. 4. Mr. A. K. Hussain, the learned counsel appearing on behalf of the Respondent No.1 has strenuously objected on the ground that the Petitioner was given the last chance vide an order dated 20.02.2018 and therefore the Petitioner knew the said aspect that he had to appear to face the cross-examination or face the consequences. 5. This Court has heard the learned counsel for the parties at length and has also given anxious consideration to the said submissions. 6. It appears that the Petitioner herein who was the plaintiff had submitted the evidence on affidavit of three witnesses of which PW-1 is the Petitioner. During this passage of time, PW-2 and PW-3 had already expired. This Court cannot turn a blind eye to the fact that the Petitioner is a Grade-IV employee in the PWD Department of the Government of Assam at Dhubri and for reasons beyond his control, he could not participate on 06.03.2018 as he was not granted the leave. 7. This Court further takes note of the submission made by Ms. R. Choudhury, the learned counsel for the Petitioner that the Petitioner shall Page No.# 5/6 appear without fail on such date the learned Trial Court fixes for cross- examination and if the Petitioner fails to appear, the learned Trial Court can pass appropriate orders. 8. Considering the above, it is therefore the opinion of this Court that the ends of justice would be met if the Petitioner is given one further opportunity to face the cross-examination in respect to the examination- in-chief so filed by way of affidavit by the Petitioner. 9. Accordingly, this Court therefore interferes with the order dated 06.03.2018 passed in Title Suit No.47/2011 and disposes of the instant proceedings with the following observations and directions: (i) The order dated 06.03.2018 passed in Title Suit No.47/2011 is set aside and quashed. (ii) The interim order passed by this Court in Review Petition No.204/2025 stands vacated with the disposal of the said Review Petition. Accordingly, the parties herein who are duly represented are directed to appear before the learned Trial Court on 01.12.2025. On such date, the learned Trial Court shall fix a date for cross-examination of the Petitioner who is the Plaintiff Witness No.1. (iii) It is observed that on the said date so fixed by the learned Trial Court, the Petitioner has to appear to face the cross-examination except for Act of God. It is observed that in the circumstances, the Petitioner fails to appear, the learned Trial Court shall proceed with the suit in accordance with law. (iv) This Court further directs the Petitioner to deposit a cost of Rs.10,000/- before the learned Trial Court on the next date so fixed for Page No.# 6/6 appearance of the parties by this Court and upon such deposit, the learned Trial Court shall disburse the said amount upon the contesting defendants on such application(s) so filed by the contesting defendants. (v) It is observed that the deposit of Rs.10,000/-by the Petitioner shall be a condition precedent for fixing a date for cross-examination of the Plaintiff Witness No.1. JUDGE Comparing Assistant