Page No.# 1/2 GAHC010176302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/410/2026 SMT. DIPALI DUTTA @ DEEPALI DUTTA WIFE OF SRI MAHENDRA NATH KALITA, BAZALTOLI GAON, P.O.- BORGURI, P.S. AND DISTRICT- TINSUKIA, ASSAM VERSUS ARPAN DUWARAH AND ANR SON OF LATE KHAGEN @ KHAGAR DUWARAH, BAZALTOLI GAON, P.O.- BORGURI, P.S. AND DISTRICT- TINSUKIA, ASSAM, PIN- 786125 2:SMT. ALEESH DUWARAH WIFE OF LATE KHAGEN @ KHAGAR DUWARAH BAZALTOLI GAON, P.O.- BORGURI P.S. AND DISTRICT- TINSUKIA, ASSAM, PIN- 78612 Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, R BORAH,MR. A K GUPTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.08.2026 Heard Mr. A K Gupta, the learned counsel appearing for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India challenging the impugned order dated 15.06.2026 passed by the learned Civil Judge (Junior Division), Tinsukia, Assam in Title Suit No.41/2020. 3. The witness of the plaintiff i.e. PW-2 did not appear in the Court for certain Page No.# 2/2 reasons. The plaintiff took six adjournments to that effect. The trial court had allowed all those prayers subject to payment of a cost of Rs.1,000/-. The PW-2 was not produced for further cross-examination. Therefore, the learned court below closed the hearing of evidence of PW-2 and posted the case on 27.07.2026 for cross-examination of PW-3. 4. Mr. Gupta has submitted that cross-examination of PW- 2 would be necessary for effective adjudication of the case before the trial court. 5. I have considered the submissions made by the learned counsel Mr. Gupta. I have also gone through the records. 6. This Court is of the opinion that for the ends of justice, one opportunity should be given to the PW-2 for further cross-examination by the trial court. 7. Therefore, the impugned order 15.06.2026 passed by the learned Civil Judge (Junior Division), Tinsukia, Assam in Title Suit No.41/2020 is modified acco[H1] rdingly. 8. The plaintiff shall be given one single opportunity to produce the PW-2 for further cross-examination. Before that, the cost of Rs.1000/- shall be deposited by the plaintiff. After cross-examination of the PW-2, the court shall proceed to dispose of the case in accordance with the procedures as laid down by law. With the aforesaid direction, the Civil Revision Petition stands disposed of. JUDGE Comparing Assistant