Allowed

Habib Ali Barbhuiya and Anr. v. Farij Uddin Barbhuiya and 8 Ors.

Gauhati HC16 Jun 2023CRP(IO)/56/2020

Case brief

AI extract

What is this about?

In a revision petition against an order closing the plaintiff's evidence, the Gauhati High Court allowed the plea. Despite the lower court's rejection of a late adjournment request, the High Court observed that witnesses were present on several occasions due to adjournments granted to the respondent side. It directed the lower court to record cross-examination of remaining witnesses.

What did the court decide?

Petitioner granted chance to produce remaining witnesses for cross-examination; parties directed to appear before Civil Judge, Hailakandi on 19.07.2023.

Habib Ali Barbhuiya and Anr. Vs Farij Uddin… — Execution and Attachment | Gauhati HC (2023)

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GAHC010037542020

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

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Case No. : CRP(IO)/56/2020

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HABIB ALI BARBHUIYA AND ANR

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S/O- LATE IMRAN ALI BARBHUIYA, VILL- MOHANPUR GRANT, P.OMOHANPUR, P.S- ALGAPUR, DIST- HAILAKANDI

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2: ABDUL BASIT AHMED BARBHUIYA S/O- HABIB ALI BARBHUIYA VILL- MOHANPUR GRANT P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKAND

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VERSUS

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FARIJ UDDIN BARBHUIYA AND 8 ORS

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S/O- LATE ISAK ALI BARBHUIYA, VILL- BURNIBREASE KHASIAPUNJI, P.OMOHANPUR, P.S- ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN- 788151

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2:NASIR UDDIN BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151

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3:NUR UDDIN BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151

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4:RIAJ UDDIN BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151 5:AFTAB UDDIN BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151

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6:PIARUN NESSA BARBHUIYA D/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151

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7:AIFUL BEGUM BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151

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8:ANWARA BEGUM BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 788151 9:ALTAFUN NESSA BARBHUIYA S/O- LATE ISAK ALI BARBHUIYA

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VILL- BURNIBREASE KHASIAPUNJI P.O- MOHANPUR P.S- ALGAPUR DIST- HAILAKANDI ASSAM PIN- 78815

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent :

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 16.06.2023

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Heard Mr. M. J. Quadir, learned counsel for the petitioners.

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The respondents side remain unrepresented though it reveals from the record that services are already completed.

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This revision petition is preferred against the impugned order dated 19.12.2019,, passed by the learned Civil Judge, Hailakandi, in T.S. No. 53/2016, whereby, the learned Court below has rejected the petition filed by the plaintiff/petitioner seeking adjournment and accordingly closed the plaintiff’s evidence.

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It is submitted by the learned counsel for the petitioners that in the impugned order dated 19.12.2019, the learned Civil Judge, Hailakandi, has reflected several dates on which the adjournments were sought for by the plaintiff’s side and after considering the earlier adjournments sought for by the plaintiff, the petition filed on the last date, i.e. on 19.12.2019, was rejected and plaintiff’s evidence were accordingly closed. However, from the certified copies of the order sheets, it shows that on several occasions, the plaintiff/petitioner was present along with his witness, but due to adjournment sought by the defendant/respondent side as well as due to leave of the learned Court below, the evidence of plaintiff witnesses could not be recorded.

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However, from the order dated 19.12.2019, it reveals that prior to the year 2018, on several occasions, the plaintiff took adjournments which were allowed and hence, considering the earlier adjournments took by the plaintiff side, vide order dated 19.12.2019, the petition for adjournment was rejected by the learned Court below. Thus, it is seen that no illegality has been committed by the learned Civil Judge, Hailakandi, while rejecting the prayer for adjournment filed by the plaintiff/petitioner. However, in the same time, it also cannot be denied that the adjournment was not only sought for by the plaintiff side, but also on several occasion the adjournment was sought for by respondent side.

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In view of above and also for the ends of justice, the petitioner/plaintiff may be given chance to adduce evidence of remaining P.Ws. and accordingly, the petitioner/plaintiff is hereby asked to produce all the P.Ws. for their crossexamination on the date fixed by the learned Civil Judge, Hailakandi.

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Accordingly, both the parties are hereby directed to appear before the learned Civil Judge, Hailakandi, on 19.07.2023.

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With the above observation, the present petition stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Habib Ali Barbhuiya and Anr. v. Farij Uddin Barbhuiya and 8 Ors.

Case brief

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Habib Ali Barbhuiya and Anr. v. Farij Uddin Barbhuiya and 8 Ors.

Case brief

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