Page No.# 1/2 GAHC010184482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/417/2026 SMT BABLI CHATTERJEE AND ANR W/O. LATE RAJAT CHATTERJEE, RESIDENT OF PALTAN BAZAR, GUWAHATI, P.O. REHABARI, P.S. PALTAN BAZAR, DISTRICT KAMRUP M, ASSAM. 2: SRI RAKTIM CHATTERJEE S/O. LATE RAJAT CHATTERJEE RESIDENT OF PALTAN BAZAR GUWAHATI P.O. REHABARI P.S. PALTAN BAZAR DISTRICT KAMRUP (M) ASSAM VERSUS SRI TARA CHAND NAHATA S/O. LATE M. C. NAHATA, R/O. FASHION SPOT, G.S. ROAD, SADAR THANA, POLICE BAZAR, SHILLONG, MEGHALAYA PRESENTLY RESIDING AT PALTAN BAZAR, GUWAHATI, P.O. REHABARI, P.S. PALTAN BAZAR, DISTRICT KAMRUP (M), ASSAM Advocate for the Petitioner : MR. S P CHOUDHURY, MS. D DAS Advocate for the Respondent : , Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.08.2026 Heard Mr. S.P. Choudhury, the learned counsel appearing for the petitioners. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 16.03.2026 passed by the learned Civil Judge (Jr. Divn.) No.2, Kamrup(M) at Guwahati in Title Suit No.173/2019. 3. The petitioner being the plaintiff filed his evidence on 26.09.2022. Thereafter, on 02.03.2026, the petitioner could not appear before the Advocate Commissioner to face the cross-examination by the defendant’s side. The trial court expunged his evidence and posted the case for filing evidence by the defense side. 4. I have found that the petitioner had taken sufficient time since the year 2022. This Court is of the opinion that in spite of the delay, the petitioner should be given one opportunity for the ends of justice to face the cross-examination by the defendants. 5. Therefore, the order dated 16.03.2026 is set aside. The PW.1 is directed to appear before the Advocate Commissioner on 17th September, 2026 to face the cross- examination by the defendant’s. The cross-examination shall be completed before 05.11.2026. With the aforesaid direction, the present civil revision petition is disposed of. JUDGE Comparing Assistant