MANOJ TALUKDAR @ MANOJ KUMAR TALUKDAR v. MAHESH DEKA
CRP(IO)/146/2026 · 2026-04-26
Robin Phukan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4780 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4780 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/146/2026 MANOJ TALUKDAR @ MANOJ KUMAR TALUKDAR S/O SRI UMESH TALUKDAR, R/O KHUDRAKSHETRI BARNI, MOUZA- PAKOWA, P.S.- BELSOR, DIST.- NALBARI, ASSAM. VERSUS MAHESH DEKA S/O LATE BASHISTHA DEKA, R/O VILL.- BANGAON, MOUZA- PAKOWA P.S.- BELSOR, DIST.- NALBARI, ASSAM. Advocate for the Petitioner : MR R SENSUA, MS. D SARMAH,R A LAHKAR,G KAUSHIK Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.04.2026 Heard Mr. R. Sensua, learned counsel for the petitioner.
2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the Order, dated 26.02.2026, passed by the learned Civil Judge (Sr. Div.), Nalbari, in Money Suit No. 04/2022.
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3. It is to be noted here that vide impugned Order, dated 26.02.2026, the learned Trial Court has dispensed with, further cross examination of PW-1, on the ground that the PW-1, on that day, remained in the Court since 10:30 AM, but the engaged counsel for the petitioner remained absent.
4. Mr. Sensua, learned counsel for the petitioner submits that in fact, there was a miscommunication between him and the counsel present in the learned Trial Court on that day, for which, he could not remain present in the Court.
5. However, to a pointed query of this Court, Mr. Sensua submits that subsequent to the impugned order being passed on 26.02.2026, dispensing with further cross-examination of PW-1; the petitioner has not filed any application before the learned Trial Court, to afford him an opportunity to recall PW-1 for further cross examination.
6. In that view of the matter, this Court is inclined to dispose of this petition, by directing the petitioner to file an application before the learned Trial Court, on or before 07.05.2026; so as to recall PW-1 and thereafter, afford him an opportunity to cross-examine the PW-1, and on such an application being filed, the learned Trial Court shall consider the same in accordance with law and also considering the fact that there was a miscommunication between the counsel present before the learned Trial Court with the conducting counsel, on that day.
7. In terms of the above, this Civil Revision Petition stands disposed of.
JUDGE
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