Page No.# 1/2 GAHC010252702025 2025:GAU-AS:16262 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/483/2025 PRANAB PATAR S/O- LATE AMAL CHANDRA PATAR, R/O- VILLAGE- NELLIE, P.O. NELLIE, P.S. JAGIROAD, DISTRICT- MORIGAON, ASSAM, PIN- 782413. VERSUS PRASANTA NATH S/O.- LATE PARBHAT NATH, R/O.- VILLAGE- NELLIE, P.O. NELLIE, P.S. JAGIROAD, DISTRICT- MORIGAON, ASSAM, PIN- 782413. Advocate for the Petitioner : MR. A K PURKAYASTHA, MR P K KALITA,MR. S SHARMA Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.11.2025 Heard Mr. A.K. Purkayastha, the learned counsel appearing for the petitioner. 2. This application has been filed under Section 227 of the Constitution of India Page No.# 2/2 challenging the order dated 28.05.2025 passed by the learned Civil Judge (Jr. Division) No.2, Morigaon in T.S. No.162/2021. 3. The petitioner is the plaintiff before the trial court. He works in the State of Bihar. On 24.07.2024 and on some other dates, he could not appear before the trial court to face cross-examination by the defendant side. A cost of ₹2,000/- was also imposed by the court below. Ultimately, the court had to close the hearing and the evidence of the plaintiff side because of absence of the plaintiff. Thereafter, the case was directed to be posted for recording evidence of the defendant side. 4. On 28.05.2025, the plaintiff prayed for allowing him to stand cross-examination by the defendant side. The court did not allow that. On the other hand, the defendant side also declined to adduce any evidence and the court posted the case for argument. 5. I have considered the submissions made by Mr. Purkayastha. 6. Apparently, there is nothing wrong in the order passed by the learned trial court. But for the ends of justice this Court has decided to afford an opportunity to the plaintiff/petitioner to stand cross-examination by the defendant side. Therefore, the impugned order dated 28.05.2025 is set aside. The trial court is directed to provide at least one opportunity to the plaintiff/petitioner to stand cross-examination by the defendant side. Thereafter, the trial court shall proceed to dispose of the case in accordance with the provision as laid down by law. 7. The petitioner is directed to appear before the trial court with this order on 18.12.2025. JUDGE Comparing Assistant