Allowed

Manjuwara Begum v. Saifuddin Ahmed

Gauhati HC4 Sept 2019CRP(I/O)/243/2019

Case brief

AI extract

What is this about?

In this revision petition under Article 226 of the Constitution, the High Court modified an order refusing cross-examination of a witness. The court held that extraordinary circumstances, specifically the death of the petitioner's counsel's wife, warranted granting another opportunity to cross-examine the witness.

What did the court decide?

The order dated 5.7.2019 passed by the Civil Judge No.2, Kamrup (Metro) is modified to grant the plaintiff-petitioner another opportunity to cross-examine D.W.1.

Manjuwara Begum Vs Saifuddin Ahmed — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010171742019

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

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Case No. : CRP(I/O) 243/2019

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1:MANJUWARA BEGUM

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W/O LT. ASRAF ALI, R/O NATBAMA, HOUSE NO. 7, IDRISH NAGAR, P.S. HATIGAON, DIST. KAMRUP (M), ASSAM, PIN-781038, EMAI ID. LILAKANTABORAH2@GMAIL. COM, MOBILE NO. 9435049244

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VERSUS

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1:SAIFUDDIN AHMED

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S/O LT. MAZIRUDDIN AHMED, R/O SAHNAGAR, SIJUBARI, MASJID PATH, OPP. SIJUBARI MASJID PATH, HOUSE NO. 19, INSIDE BYE LANE, P.S. HATIGAON, DIST. KAMRUP (M), ASSAM, PIN-781038

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Advocate for the Petitioner : MR. L K BORAH

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Advocate for the Respondent : MR. A K BHUYAN

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B E F O R E

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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04-09-2019

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Heard Mr. L.K. Borah, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned counsel for the respondent.

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Being aggrieved by the order dated 5.7.2019 passed by the Civil Judge No.2, Kamrup (M) at Guwahati in Title Suit No.116/2016, this present revision has been preferred under Article 227 of the Constitution of India. By the said order, the cross-examination of D.W.1 by the plaintiff-petitioner was refused on the ground that by an earlier order dated 7.6.2019, last chance was given to the plaintiff-

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Page No.# 2/2

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petitioner for cross-examination. Accordingly, by the order dated 5.7.2019, as the plaintiff-petitioner had not availed the last chance, further cross-examination of D.W.1 has been closed.

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Mr. L.K. Borah, learned counsel for the petitioner states that the plaintiff-petitioner could not avail the last opportunity for cross-examination of D.W.1 as the wife of his counsel namely Barkat Ullah died. As compassionate reason has been stated where the wife of the counsel had died, we are inclined to allow the plaintiff-petitioner to cross-examination of D.W.1.

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Accordingly, the order dated 5.7.2019 passed by the learned Civil Judge No.2, Kamrup (Metro) is modified to the extent that the plaintiff-petitioner be given another opportunity to cross-examine D.W.1. It is, however, made clear that no further opportunity shall be given.

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Accordingly, the parties shall appear before the learned Civil Judge No.2, Kamrup (M), Guwahati on 25.09.2019 and, thereafter, a date be fixed by the learned Civil Judge for crossexamination of D.W. 1 and after completion of cross-examination of D.W.1, the learned Court shall proceed with the matter as per law.

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The revision petition is allowed to the extent indicated above.

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JUDGE

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Comparing Assistant

Manjuwara Begum v. Saifuddin Ahmed

Case brief

What is this about?

What did the court decide?

Manjuwara Begum v. Saifuddin Ahmed

Case brief

What is this about?

What did the court decide?

What the court decided

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