Karabi Das v. Dharitri Medhi and Anr.
Case brief
What is this about?
The High Court disposed of a revision challenging an order rejecting an adjournment prayer. While agreeing with the trial court regarding delay, the Court granted a final chance to file defence evidence on affidavit, subject to cost payment, to avoid miscarriage of justice.
What did the court decide?
Trial court to allow filing of evidence on affidavit by defendant on payment of Rs. 5,000/-.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010266542022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/320/2022
KARABI DAS WIFE OF SRI UTPAL CHANDRA DAS, RESIDENT OF HOUSE NO. 5, SANTIPUR COLLEGE ROAD, HILLSIDE, 2ND FLOOR, SANTIPUR, GUWAHATI- 781009, DISTRICT- KAMRUP(M), ASSAM.
VERSUS
DHARITRI MEDHI AND ANR WIFE OF SRI TAPAN MEDHI, RESIDENT OF MALIGAON, GATE NO. 3, QUARTER NO. 205/A, P.O. AND P.S.- JALUKBARI, GUWAHATI- 781011.
2:DR. BIJOY KUMAR SHARMA SON OF SRI NARAYAN PRASAD SHARMA
RESIDENT OF KAILASHPUR
NEAR PRASHIDA MAHA MANDIR
ODALBAKRA P.S.- DISPUR P.O.- GUWAHATI- 781034 DISTRICT- KAMRUP(M) ASSAM
Advocate for the Petitioner : MR. O P BHATI
Issues for consideration
2 issues framed by the court
Whether a last chance grant for filing defence witness evidence is justified despite long delay.
Whether the validity of the trial court's order rejecting adjournment prayer should be affirmed.
Parties & counsel
- petitioner
Karabi Das
- respondent
Dharitri Medhi
Coram
Arun Dev Choudhury
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · May
- Registered
- Case no.
- CRP(IO)/320/2022
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