Disposed

Troilukya Gohain Baruah v. Putali Gohain Baruah and Anr.

Gauhati HC2 Apr 2024CRP(IO)/91/2024

Case brief

AI extract

What is this about?

The High Court examined a writ application challenging an order granting the defendant an opportunity to cross-examine the plaintiff witness. The Court upheld the trial court's order, directing that cross-examination be completed on a fixed date, with the examination to be closed if the defendants fail to appear.

What did the court decide?

The petition is disposed of. The interim order earlier passed is vacated. The trial court is directed to conduct the cross-examination on 15.05.2024 or close the plaintiff's examination on the next wo

Troilukya Gohain Baruah Vs Putali Gohain… — Civil Procedure and Limitation | Gauhati HC (2024)

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GAHC010042902024

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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)/91/2024

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TROILUKYA GOHAIN BARUAH

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S/O- LATE MIHI KANTA GOHAIN BARUAH, R/O- NAKARI NAGAR, WARD NO. 3, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN787001 AND PRESENTLY RESIDING AT LAMB ROAD, HOUSE NO. 42, 2ND FLOOR, LATASIL, P.S. LATASIL, UZANBAZAR, GHY-781001, DIST. KAMRUP(M), ASSAM

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VERSUS

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PUTALI GOHAIN BARUAH AND ANR W/O- LATE CHAMPAK GOHAIN BARUAH, R/O- NAKARI NAGAR, WARD NO. 3, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN787001.

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2:GAURAVE GOHAIN BARUAH S/O- LATE CHAMPAK GOHAIN BARUAH R/O- NAKARI NAGAR WARD NO. 3 P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN- 787001

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Advocate for the Petitioner : MR. T J MAHANTA

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Advocate for the Respondent : MR. S D PURKAYASTHA (r-1,2)

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

03.04.2024

This is an application under Article 227 of the Constitution challenging the order dated 17.02.2024 whereby the learned Trial Court granted additional opportunity to the defendant to cross-examine the plaintiff, thereby rejecting the application filed by the plaintiff for closing the cross examination of the plaintiff on account of the defendants having taken numerous adjournments.

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This Court has taken note of the order dated 17.02.2024 and is of the opinion that the said order is just and reasonable and does not require any interference from this Court.

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This Court has also heard the learned counsel appearing on behalf of the parties and have given due consideration to their arguments.

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Taking into account the application which was filed by the petitioner/plaintiff which shows that on various occasions adjournments were taken, this Court is of the opinion one final opportunity should be given to the defendants to cross examine the plaintiff witness. On the next date, the plaintiff witness shall be present before the learned Trial Court and on that date, the learned Trial Court shall record the cross examination.

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In the circumstance, the defendant seeks for any adjournment, the further opportunity of cross examination of the plaintiff evidence has to be closed.

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It has been submitted at the Bar that the next date fixed before the learned Trial Court is 15.05.2024. Therefore, on the said date, the plaintiff witness shall be present before the learned Trial Court and the learned Trial

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Court shall carry out the cross examination of the plaintiff witness in the Court and not through any Advocate Commissioner. In the circumstance, the cross examination is not completed on that date, the Trial Court shall take up the suit on the next working date and complete the cross examination. This Court further observes and directs that in the event, the defendants fail to carry out the cross-examination, the Court shall close the examination of the plaintiff witness and proceed to the next stage of the suit.

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Interim order passed earlier stands vacated.

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The Registry is directed to convey the instant order to the learned Trial Court forthwith so that the learned Trial Court can fix the business of the Court accordingly.

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With the above directions and observations, the instant petition stands disposed of.

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JUDGE

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Comparing Assistant

Troilukya Gohain Baruah v. Putali Gohain Baruah and Anr.

Case brief

What is this about?

What did the court decide?

Troilukya Gohain Baruah v. Putali Gohain Baruah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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