Page No.# 1/3 GAHC010169042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/388/2026 BIJOY THAKUR SON OF LATE BHARAT CH. THAKUR, PERMANENT RESIDENT OF DHEKORGARAH, KURUKATOLI, P.O. AND P.S.- JORHAT, DISTRICT- JORHAT, ASSAM, PRESENT ADDRESS- NO. 2, MATHGHARIA, SANTI NAGAR PATH, GUWAHATI, DISTRICT- KAMRUP (METRO), ASSAM, PIN- 781020 VERSUS PRABHAT THAKUR AND 5 ORS. SON OF LATE GUNJA SARMAH, RESIDENT OF KURUKATOLI, P.O.- KURUKATOLI, P.S.- JORHAT, DISTRICT- JORHAT, ASSAM, PIN- 785015 2:PRASAD THAKUR SON OF LATE GUNJA SARMAH RESIDENT OF KURUKATOLI P.O.- KURUKATOLI P.S.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785015 3:PABAN THAKUR SON OF LATE GUNJA SARMAH RESIDENT OF KURUKATOLI P.O.- KURUKATOLI P.S.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785015 4:PRABITRA THAKUR Page No.# 2/3 SON OF LATE GUNJA SARMAH RESIDENT OF KURUKATOLI P.O.- KURUKATOLI P.S.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785015 5:LILAMBAR SARMA BORTHAKUR S/O LATE BHUKUNDAI SHARMA BORTHAKUR R/O DISOIKUKH BAMUN GAON P.S.- JORHAT DIST- JORHAT ASSAM PIN- 785015 6:THANESWAR SARMA BORTHAKUR S/O LATE BHUKUNDAI SHARMA BORTHAKUR R/O DISOIKUKH BAMUN GAON P.S.- JORHAT DIST- JORHAT ASSAM PIN- 78501 Advocate for the Petitioner : MR. R K BORAH, R SARMA,MD F FARIDI,MR. A DHAR Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.08.2026 Heard Mr. A. Dhar, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 challenging the orders dated Page No.# 3/3 30.05.2026 and 08.07.2026 passed by the learned Civil Judge (Jr. Divn.) No.1, Jorhat in Title Suit No.44/2022. 3. The petitioner is the plaintiff before the trial court. He filed his evidence on affidavit and on 17.09.2024. The plaintiff prayed for some time to file his evidence of his other witnesses. On that day, the trial court wanted some clarifications regarding exhibits filed by the plaintiff and directed the counsel for the plaintiff to make his submission on that point on the next date i.e. 05.11.2024. 4. Thereafter, the trial court remained on leave till 30.05.2026. On that date, the trial court simply closed the hearing of the plaintiff side on the ground that sufficient opportunity was given to the plaintiff to file his evidence. 5. I have considered the submissions made by Mr. Dhar and have also gone through the case record. I have also gone through the orders since 05.11.2024 till 30.05.2026. 6. This Court is of the opinion that the trial court has erroneously oriented itself and arrived at an incorrect finding. This Court is constrained to hold that the trial court did not exercise his judicial mind while passing the orders dated 30.05.2026 and 08.07.2026. Therefore, the orders dated 30.05.2026 and 08.07.2026 are bad in law and stand set side. 7. The trial court of learned Civil Judge (Jr. Divn.) No.1, Jorhat is directed to provide adequate opportunity to the plaintiff to adduce his evidence of his witnesses. Thereafter, the trial court shall proceed to dispose of the case in accordance with the procedure as laid down by law. With the aforesaid direction, the present revision petition is disposed of. JUDGE Comparing Assistant