Fazalur Rahman vs Nekib Rahman Borborah And Anr. (H)
2022 Latest Caselaw 157 Gua

                                                                        Page No.# 1/2

GAHC010264142018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : CRP(IO)/432/2018

            FAZALUR RAHMAN
            S/O. MD. FARID HUSSAIN, R/O. MULAKUBASA, P.O., P.S. AND DIST.
            DIBRUGARH, ASSAM.

            VERSUS

            NEKIB RAHMAN BORBORAH AND ANR. (H)
            S/O. LT. KHALIUR RAHMAN BORBORAH, R/O. JYOTI NAGA, P.O., P.S. AND
            DIST. DIBRUGARH, ASSAM.

            2:S.D.O. - II
            ASSAM POWER DISTRIBUTION COMPANY LTD. (UAZ)
             DIBRUGARH
            ASSAM

Advocate for the Petitioner   : MR. A K GUPTA

Advocate for the Respondent :


                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 18.01.2022.

Heard Mr. R.S. Mishra, learned counsel appearing for the petitioner.

None appear of the respondent on call.

The order dated 10.12.2021 shows that service upon the respondent was complete.

Page No.# 2/2

This is an application under Article 227 of the Constitution of India, challenging the orders dated 16.05.2018 & 14.08.2018 passed by the learned Munsiff No. 2, Dibrugarh, in Title Suit No. 70/2013.

The petitioner is the plaintiff before the trial court. By order dated 16/05/2018, the prayer for adjournment made by the petitioner was rejected and the evidence of PW2, filed on affidavit, was expunged.

On 14/08/2018, the prayer of the petitioner to recall the aforesaid order was rejected.

The learned trial court has taken a strict approach on the ground that the case has been pending since 2013. Even then, this Court is of the opinion that since the suit involves valuable property, the trial court should have given a fair opportunity to the petitioner to prove his case.

This court is again of the opinion that by the two impugned orders, the trial court has given way to miscarriage of judgments. Therefore, the prayer of the petitioner is allowed. Both the impugned orders are set aside.

The petitioner is directed to approach the trial court on 25.02.2022 for receiving further orders.

The trial court shall facilitate cross-examination of PW2 by the defendant. Thereafter, the trial court shall make endeavour to dispose of the suit within next six months.

With the aforesaid directions, the writ petition stands dispose of. The earlier stay order shall stand vacated accordingly.

JUDGE Comparing Assistant